State v. McAlister

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.

Seth McAlister,       
Appellant.

Appeal From Spartanburg County

J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2004-UP-329

Submitted March 19, 2004 – Filed May
14, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, of Columbia,
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Seth McAlister was
convicted of assault on a correctional facility employee, and the circuit court
sentenced him to five years imprisonment, suspended on service of three years
imprisonment and three years probation.  Additionally, McAlister pled guilty
to aggravated criminal domestic violence and malicious injury to property and
was sentenced to ten years imprisonment for aggravated criminal domestic violence,
suspended on service of six years imprisonment and three years probation, and
thirty days imprisonment for malicious injury to property, the sentences to
run concurrently with one another and the sentence for assault on a correctional
facility employee.  Pursuant to Anders v. California, 386 U.S. 738 (1967),
McAlister’s counsel attached a petition to be relieved.  McAlister 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 McAlister’s appeal and grant counsel’s
petition to be relieved.

APPEAL DISMISSED.
[1]

GOOLSBY, HOWARD, and BEATTY, 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.