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2007-UP-508 - State v. Sullivan

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.

Dwight Fitzgerald Sullivan, Appellant.


Appeal From Laurens County
 William P. Keesley, Circuit Court Judge


Unpublished Opinion No. 2007-UP-508
Submitted October 1, 2007 – Filed October 30, 2007


APPEAL DISMISSED


Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

PER CURIAM:  Dwight Fitzgerald Sullivan was found guilty of two counts of murder, first-degree burglary, and possession of a firearm during the commission of a violent crime.  He was sentenced to two life sentences and thirty years’ imprisonment to run consecutively.  On appeal, Sullivan argues the trial judge gave an erroneous charge for voluntary manslaughter.  This argument is without merit as appellant voiced no objections at the trial.  See State v. Adams, 354 S.C. 361, 380, 580 S.E.2d 785, 795 (Ct. App. 2003) (“Arguments not raised to or ruled upon by the trial court are not preserved for appellate review.”).  Sullivan has filed a pro se brief.

After a thorough review of the record 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 hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss this appeal and grant counsel’s petition to be relieved.[1]

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.


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