THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Willie Young, III,        Appellant.


Appeal From Orangeburg County
James C. Williams, Jr., Circuit Court Judge


Unpublished Opinion No. 2003-UP-564
Submitted July 15, 2003 – Filed September 29, 2003


APPEAL DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Office of the Attorney General, of Columbia, Walter M. Bailey, Jr., First Circuit Solicitor's Office, of Summerville, for Respondent.

PER CURIAM: On August 23, 2002, an Orangeburg County jury found Willie Young guilty of armed robbery but not guilty for possession of a weapon during the commission of a violent crime.  Young appeals his conviction, arguing the trial court should have set aside his conviction because the guilty verdict for armed robbery was inconsistent with the not guilty verdict for possession of a weapon.    Pursuant to Anders v. California, 386 U.S. 738 (1967), Young’s counsel attached a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit.  Young filed a separate pro se brief, arguing the following four issues: (1) the trial court erred in refusing to direct a verdict “where a material variance existed between the evidence offered at the trial and the allegations presented in the indictment”; (2) the trial judge lacked subject matter jurisdiction; (3) the evidence was insufficient to sustain the conviction for armed robbery; and (4) the trial court was prejudicial to him by refusing to set aside the armed robbery conviction when a material variance existed. Young’s counsel attached to the brief a petition to be relieved as counsel, stating he had reviewed the record and concluded Young’s appeal lacks merit.  After a thorough review of the record 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] Young’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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


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