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2004-UP-493 - State v. Dinkins

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.

Samuel Dinkins,        Appellant.


Appeal From Sumter County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2004-UP-493
Submitted September 15, 2004 – Filed September 22, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor C. Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  Samuel Dinkins appeals from his conviction for armed robbery, kidnapping, and possession of a firearm during the commission of a violent crime.  He contends the trial judge erred when he visited the jury room alone to correct a mistake in his charge.  Dinkins’s 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.  After a thorough review of the record and counsel’s brief 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] Dinkins’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.


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