In The Court of Appeals

The State,        Respondent,


Jeffrey Lawrence Hyatt,        Appellant.

Appeal From Greenville County
Joseph J. Watson , Circuit Court Judge

Unpublished Opinion No. 2003-UP-493
Submitted June 9, 2003 – Filed August 26, 2003


Senior Assistant Appellate Defender Wanda H. Haile, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H, Richardson, all of Columbia;  and Solicitor Robert M. Ariail, of Greenville, for Respondent.              

PER CURIAM: Jeffrey Lawrence Hyatt was convicted of assault on a correctional facility employee pursuant to S.C. Code Ann. § 16-3-630.  On appeal, Hyatt argues: (1) the trial court erred by allowing the State to exercise a peremptory challenge in a discriminatory manner; and (2) the trial court lacked subject matter jurisdiction because the indictment was not filed within ninety days.  Counsel for appellant petitioned to be relieved as counsel, stating that her client’s appeal lacks merit.  Hyatt filed a separate pro se brief.  After a thorough review of the record, Hyatt’s 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] Hyatt’s appeal and grant counsel’s motion to be relieved.


HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

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