State v. Lupo

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Billy J. Lupo, Appellant.

Appeal From Fairfield County

 Brooks P. Goldsmith, Circuit Court Judge

Unpublished Opinion No. 2010-UP-021

Submitted January 4, 2010 – Filed January
25, 2010  

APPEAL DISMISSED

Deputy Chief Appellate Defender Wanda H. Carter, 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 Douglas A. Barfield, Jr., of Lancaster, for Respondent.

PER CURIAM:  In
April, 2008, Billy J. Lupo was sentenced to seven years for assault and battery
of a high and aggravated nature.  Lupo's
counsel attached to the brief a petition to be relieved as counsel, stating she
had reviewed the record and concluded this appeal lacked merit.  Lupo filed a pro se brief.

After a thorough review of the record, the pro se brief, and counsel's brief 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

HUFF, A.C.J., GEATHERS, J., and CURETON, A.J., concur.

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