THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Robert Smalls, Appellant.


Appeal From Charleston County
Daniel  F. Pieper, Circuit Court Judge


Unpublished Opinion No. 2007-UP-414
Submitted October 1, 2007 – Filed October 8, 2007   


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia, Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Appellant, Robert Smalls, was indicted for and convicted of assault and battery with intent to kill.  The trial court sentenced Smalls to twelve years imprisonment.  Smalls’ counsel attached to the brief a petition to be relieved as counsel, stating that he had reviewed the record and concluded this appeal lacks merit.  Smalls did not file a separate pro se brief.  After a thorough review of the record 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] the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

HEARN, CJ., HUFF, and KITTREDGE, JJ., concur.


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