State v. Johnson

PER CURIAM: Robert McKoy waived presentment on an indictment for possession
of a stolen vehicle, pled guilty, and was sentenc

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.

Roger Dale Johnson       
Appellant.

Appeal From Spartanburg County

Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No. 2004-UP-388

Submitted April 21, 2004 – Filed June
18, 2004

APPEAL DISMISSED

Assistant Appellant Defender Robert M. Pachak, Office of
Appellate Defense, 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:  Roger Dale Johnson was indicted
for and subsequently found guilty driving of under the influence.  Johnson’s
appellate counsel submitted a petition to be relieved as counsel, stating he
has reviewed the record and has concluded Johnson’s appeal is without merit. 
Johnson did not file a pro se brief with the court.

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 Johnson’s appeal
and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

GOOLSBY, HOWARD and BEATTY, 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.