In The Court of Appeals

The State,        Respondent,


Mark Moyers,        Appellant.


Appeal From Bamberg County
William P. Keesley, Circuit Court Judge

Unpublished Opinion No. 2003-UP-642
Submitted August 20, 2003 – Filed November 4, 2003  


Deputy Chief Attorney Joseph L. Savitz, 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 Barbara R. Morgan, of Aiken, for Respondent(s).

PER CURIAM:  Mark Moyers appeals his convictions for three counts of willful failure to file an income tax return.  The judge sentenced Moyers to a year imprisonment and payment of costs and assessments for each charge.  The sentences were to be served consecutively.  The judge awarded Moyers thirty-five days credit for time he had served.

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

After a thorough 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.


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