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2008-UP-023 - State v. Benton

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.

Marion William Benton, Appellant.


Appeal From Sumter County
Thomas W. Cooper, Jr., Circuit Court Judge


Unpublished Opinion No.  2008-UP-023
Submitted January 2, 2008 – Filed January 10, 2008


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, Office of the Attorney General, of Columbia; and Solicitor Cecil Kelly Jackson, of Aiken, for Respondent.

PER CURIAM: Marion William Benton appeals his conviction for assault with intent to commit criminal sexual conduct in the first degree, arguing the trial court erred in admitting DNA evidence regarding the presence of his blood on Victim’s clothing because the chain of custody for her clothing was not properly established. 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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

HUFF AND PIEPER, JJ., AND GOOLSBY, A.J., CONCUR.


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