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2005-UP-442 - State v, Dutton

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.

Jody Dutton,        Appellant.


Appeal From Anderson County
J. C. Buddy Nicholson, Jr., Circuit Court Judge


Unpublished Opinion No.  2005-UP-442
Submitted July, 1, 2005 – Filed July 14, 2005


APPEAL DISMISSED


Acting Chief Attorney Joseph L. Savitz, III, 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 Druanne Dykes White, of Anderson, for Respondent.

PER CURIAM:  Jody Dutton appeals his convictions and sentence for assault and battery of a high and aggravated nature, arguing the circuit court failed to obtain a waiver of his right against self-incrimination.  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] Dutton’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.