State v. Ellison

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.

Jimmy Lee
Ellison, Appellant.

Appeal From Marion County

 Edward B. Cottingham, Circuit Court Judge

Unpublished Opinion No.  2007-UP-441

Submitted October 1, 2007 – Filed October
9, 2007

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, South Carolina Commission
on Indigent 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, of Columbia; and Solicitor  Edgar Lewis Clements,
III, of Florence, for Respondent.

PER CURIAM:  Appellant, Jimmy Lee Ellison, entered a
plea of nolo contendere to assault and battery of a high and aggravated
nature.  The trial judge sentenced him to ten years imprisonment, suspended
upon time served.  Ellison’s
counsel attached to the brief a petition to be relieved as counsel, stating
that she had reviewed the record and concluded this appeal lacks merit.  Ellison 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.

HEARN,
CJ., HUFF, and KITTREDGE, JJ., concur.

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