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2006-UP-098 - State v. Pettus

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.

Duwan Montreal Pettus, Appellant.


Appeal From York County
 John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2006-UP-098
Submitted February 1, 2006 – Filed February 14, 2006


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 Thomas E. Pope, of York, for Respondent.

PER CURIAM: Duwan Montreal Pettus appeals his conviction of pointing a firearm and sentence of five years, suspended upon the service of five years probation.  His counsel contends the trial court erred in failing to grant his motion for a directed verdict on the charge of pointing a firearm because the State did not prove Pettus pointed the firearm at the victim.  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 Pettus’s appeal and grant counsel’s motion to be relieved. 

APPEAL DISMISSED.[1]

GOOLSBY, HUFF, and STILWELL, JJ., concur. 


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