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Supreme Court Seal
South Carolina
Judicial Department
2003-UP-063 - State v. Posey

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Brian Posey,        Appellant.


Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge


Opinion No. 2003-UP-63
Submitted September 25, 2002 - Filed January 22, 2002���


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, of Columbia, for appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for respondent.


PER CURIAM:� A jury convicted Brian Posey of trafficking in crack cocaine.� The trial judge sentenced Posey to life imprisonment under the recidivist statute, S.C. Code Ann. � 17-25-45 (Supp. 2001).� Posey appeals the trial judge�s imposition of this sentence.

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Posey attached to the final brief a petition to be relieved as counsel, stating he had reviewed the record and concluded Posey�s appeal is without merit.� Posey did not file a separate pro se response brief.

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.

APPEAL DISMISSED.

CONNOR, STILWELL, and HOWARD, JJ., concur.