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2007-UP-290 - State v. Sanders

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.

Calvin L. Sanders, Appellant.


Appeal From Marion County
 J. Mark Hayes, II, Circuit Court Judge


Unpublished Opinion No. 2007-UP-290
Submitted June 1, 2007 – Filed June 7, 2007


APPEAL DISMISSED


Deputy Chief Attorney for Capital Appeals Robert M. Dudek, 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 Edgar Lewis Clements, III, of Florence, for Respondent.

PER CURIAM:  Calvin Sanders appeals his conviction for conspiracy.  He contends the trial court erred by not using his proposed charge on conspiracy and by not instructing the jury on “mere presence.”  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] Sanders’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., KITTREDGE, J., and CURETON, A.J., concur.


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