State v. Jenkins

THIS OPINION HAS NO PRECEDENTIAL
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 Jenkins,       
Appellant.

Appeal From Aiken County

John W. Kittredge, Circuit Court Judge

Unpublished Opinion No. 2004-UP-281

Submitted February 20, 2004 – Filed
April 27, 2004

APPEAL DISMISSED

Chief Appellate Defender Daniel T. Stacey, 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 Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  James Jenkins was
convicted of driving under the influence and sentenced to five years imprisonment,
suspended on service of two years imprisonment and four years probation. Pursuant
to Anders v. California, 386 U.S. 738 (1967), Jenkins’ counsel attached
a petition to be relieved.  Jenkins did not file a pro se response.

After 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 dismiss Jenkins’ appeal and grant counsel’s petition
to be relieved.

APPEAL DISMISSED.
[1]

GOOLSBY, ANDERSON, and HOWARD, JJ., concurring.

[1] Because oral argument would not aid the Court in resolving any issue
on appeal, we decide this case without oral argument pursuant to Rule 215
and 220(b)(2), SCACR.