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.

Grover Steven Cater,        Appellant.

Appeal From Anderson County
Alexander S. Macaulay, Circuit Court Judge

Unpublished Opinion No. 2004-UP-139
Submitted December 23, 2003 – Filed February 27, 2004

APPEAL DISMISSED

Assistant Appellate Defender Eleanor Duffy Cleary, 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 Druanne D. White, of Anderson, for Respondent.

PER CURIAM:  Grover Steven Cater was indicted for criminal sexual conduct with a minor in the first degree.  He was convicted of the lesser-included offense of assault and battery of a high and aggravated nature.  Cater was sentenced to tens years imprisonment, suspended upon the service of seven years imprisonment and five years probation.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Cater’s counsel attached a petition to be relieved as counsel.  Cater did not file a pro se response.

After 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 Cater’s appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and KITTREDGE, JJ., concurring.