State v. Evans

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.

Ernest Anthony Evans, Appellant.

Appeal From Richland County

 John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2007-UP-265

Submitted June 1, 2007 – Filed June 5, 2007

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Dudek, South Carolina 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; and Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM:  Appellant, Ernest Anthony Evans, pled guilty to auto tampering, petit larceny, and shoplifting, third offense and above.  The trial judge sentenced him to time served on the auto tampering and larceny charges, and five years on the shoplifting charge.  Evans’ 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.  Evans did not file a separate 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 dismiss[1] the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

ANDERSON, HUFF, and BEATTY, JJ., concur.

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