State v. McBeth

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.

Augustus Dante McBeth, Appellant.

Appeal From Richland County
 G. Thomas Cooper, Jr., Circuit Court Judge

Unpublished Opinion No. 2005-UP-515
Submitted August 1, 2005 Filed September 7, 2005  

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; and Assistant Deputy Attorney General Donald J. Zelenka; all of the Office of the Attorney General, of Columbia; and Solicitor Warren Blair Giese, of Columbia, for Respondent.

PER CURIAM:  McBeth was indicted for murder and first-degree lynching.  He pled guilty to murder and was sentenced to thirty years imprisonment.  He appeals. 

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for McBeth attached to the final brief a petition to be relieved as counsel, stating he had reviewed the record and concluded that McBeth's appeal is without legal merit sufficient to warrant a new trial.  McBeth filed a separate pro se response. 

After thorough review of the record, appellate brief, and pro se brief 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. 

APPEAL DISMISSED.[1]

GOOLSBY, BEATTY, and SHORT, JJ., concur.

[1] Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rule 215, SCACR.