State v. Berkey

THIS OPINION HAS NO PRECEDENTIAL VALUE

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.

Robert E. Berkey, Appellant.

Appeal From Charleston County

Deadra L. Jefferson, Circuit Court Judge

Unpublished Opinion No.  2006-UP-137

Submitted March 1, 2006 – Filed March 9, 2006

APPEAL DISMISSED

Acting Chief Attorney Joseph L. Savitz, III, 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, Office of the Attorney General, all of Columbia and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Appellant, Robert E. Berkey, was convicted of driving under the influence, second offense.  The trial judge sentenced him to one year, suspended upon the service of six months.  Berkey’s counsel attached to the brief a petition to be relieved as counsel, stating that he had reviewed the record and concluded this appeal lacks merit.  Berkey did not file a separate pro se brief.  We dismiss pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991).  Counsel’s petition to be relieved is granted.[1]

APPEAL DISMISSED. 

GOOLSBY, HUFF, and STILWELL, JJ., concur.

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