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2007-UP-437 - State v. Strickland

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.

Dow Strickland, Appellant.


Appeal From Dorchester County
Steven H. John, Circuit Court Judge


Unpublished Opinion No. 2007-UP-437
Submitted October 1, 2007 – Filed October 9, 2007   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, 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 David M. Pascoe, Jr., of Summerville, for Respondent.

PER CURIAM:  Dow Strickland appeals his conviction for attempting to obtain a controlled substance by fraud.  Strickland argues the trial court erred in failing to direct a verdict of acquittal in Strickland’s favor due to a failure of the State to present direct evidence, or substantial circumstantial evidence of Strickland’s guilt.  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] Strickland’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.