State v. Mitchell

Opinion

THE STATE OF SOUTH CAROLINA

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

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The State,         Respondent,

v.

Garry Eugene Mitchell,        Appellant.

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Appeal From Richland County
James R. Barber, III, Circuit Court Judge

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Unpublished Opinion No.  2005-UP-085
Submitted February 1, 2005 – Filed February 4, 2005

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APPEAL DISMISSED

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Acting Chief Attorney Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Warren B. Giese, of Columbia, for Respondent.

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PER CURIAM:  Garry Eugene Mitchell pled guilty to breaking into a motor vehicle.  He was sentenced to two years.  In addition, the judge revoked eighteen months of a prior probationary sentence for breaking into a motor vehicle.  The judge ordered that the two year sentence was to be consecutive to the eighteen month sentence.  Mitchell’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel additionally submitted a petition to be relieved from representation, asserting there are no directly appealable issues of arguable merit.  Mitchell did not file a pro se response with the Court.

After a review of the record pursuant to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel’s petition to be relieved. [1]

APPEAL DISMISSED.

ANDERSON, BEATTY, and SHORT, JJ., concur.

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