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2007-UP-456 - State v. Hopkins

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.

Tonie J. Hopkins, Appellant.


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


Unpublished Opinion No. 2007-UP-456
Submitted October 1, 2007 – Filed October 11, 2007


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, South Carolina Commission on Indigent 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 the Attorney General, of Columbia; and Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM:  Tonie J. Hopkins appeals her conviction for possession of Oxycontin.  She asserts the trial judge erred by improperly instructing the jury in regard to the permissive inference of knowledge and possession when an a substance is found in property under a defendant’s control. 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] Hopkins’ 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.