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2004-UP-401 - State v. Smith

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.

Paul A. Smith,        Appellant.


Appeal From Lexington County
James R. Barber, Circuit Court Judge


Unpublished Opinion No. 2004-UP-401
Submitted April 21, 2004 – Filed June 22, 2004


APPEAL DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McInsoth, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Paul A. Smith was tried and convicted of voluntary manslaughter.  He was sentenced to life without parole, per the two strikes law.  Smith appeals, arguing the judge erred by instructing the jury on voluntary manslaughter when Smith’s testimony showed he was acting in self-defense and there was no evidence that Smith killed the decedent in the heat of passion upon a sufficient legal provocation.  On appeal, counsel for Smith has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there were no meritorious grounds for appeal and requesting permission to withdraw from further representation.  Smith filed a 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.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and BEATTY, JJ., concur.


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