State v. Morman

CourtListener 10137554Scctapp1 de mar. de 2004

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THIS OPINION HAS NO PRECEDENTAL VALUE.  IT SHOULD NOT
BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE
239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

James Morman,       
Appellant.

Appeal From Spartanburg County

Donald W. Beatty, Circuit Court Judge

Unpublished Opinion No.   2004-UP-142

Submitted December 23, 2003 – Filed
March 1, 2004

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda H. Haile, Office
of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H, Richardson,
Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor
Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  James Levitt Morman appeals
his conviction for second degree arson.  Morman’s appellate counsel has petitioned
to be relieved as counsel, stating he has reviewed the record and has concluded
Morman’s appeal is without merit.  The sole issue briefed by counsel concerns
whether the circuit court erred in admitting evidence of his alleged prior threats
to kill his former wife into evidence at trial.  In a separate pro se
brief, Morman argues (1) his appellate counsel erred in failing to argue Morman’s
directed verdict was erroneously denied; (2) the Court lacked subject matter
jurisdiction.

After a review of the record as required by Anders
v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C.
116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues
that are arguable on their merits.  Accordingly, we dismiss Morman’s appeal
and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.

         
1  Because oral argument would not aid the court in resolving
the issues on appeal, we decide this case without oral argument pursuant to
Rules 215 and 220(b)(2), SCACR.

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