In The Court of Appeals

The State,        Respondent,


Morris Clayton Smalls,        Appellant.

Appeal From Charleston County
A. Victor Rawl, Circuit Court Judge

Unpublished Opinion No. 2003-UP-624
Submitted August 20, 2003 – Filed October 21, 2003


Chief Attorney Daniel T. Stacey, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Morris Clayton Smalls was indicted for trafficking in cocaine, possession with intent to distribute within proximity of a school, and conspiracy to violate South Carolina’s narcotics laws.  The State did not go forward with conspiracy to violate South Carolina’s narcotics laws because of an insufficient indictment.  The jury convicted him as charged of trafficking in cocaine and possession with intent to distribute within proximity of a school.  The judge sentenced him to seven years on each charge to run concurrently.    Smalls’ 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.  Smalls filed 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]


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

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