State v. Alston

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

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Warren A. Alston,       
Appellant.

Appeal From Horry County

Steven H. John, Circuit Court Judge

Unpublished Opinion No. 2004-UP-141

Submitted December 23, 2003 – Filed
March 1, 2004

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, Office of Appellate
Defense, of Columbia, for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Alston was convicted of armed
robbery, and he was sentenced.  On appeal, Alston argues that the trial court
erred in denying his motion for dismissal of the case based on prosecutorial
misconduct.  Alston’s appellate counsel has petitioned to be relieved as counsel,
stating that she has reviewed the record and has concluded Alston’s appeal is
without merit.  Alston has not filed a pro se brief. 

After a thorough review of the record pursuant
to 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 Alston’s
appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

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

[1] We decide this case without oral argument pursuant
to Rule 215, SCACR.