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2005-UP-441 - State v. Brown

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.

Gifford Brown,        Appellant.


Appeal From Williamsburg County
Thomas W. Cooper, Jr., Circuit Court Judge


Unpublished Opinion No.  2005-UP-441
Submitted July 1, 2005 – Filed July 14, 2005


APPEAL DISMISSED


Acting Deputy Chief Attorney Wanda H. Carter, 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,  Office of Attorney General, all of Columbia; and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  Gifford Brown appeals his convictions of assault and battery with intent to kill and armed robbery.  He maintains the trial court erred by allowing the State to exercise a peremptory challenge in a discriminatory manner.  Brown filed a pro se brief in which he alleges the indictment was invalid because it failed to list the element of malice aforethought and was not signed by the solicitor.  After a thorough review of the record, counsel’s brief, and Brown’s pro se 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] Brown’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J. and BEATTY and SHORT, JJ., concur.


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