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2008-UP-031 - State v. Gelzer

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.

Dwayne Gelzer Appellant.


Appeal from Charleston County
Daniel F. Pieper, Circuit Court Judge


Unpublished Opinion No.  2008-UP-031
Submitted January 2, 2008 – Filed January 10, 2008


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, South Carolina Commission on Indigent Defense, Division of Appellate Defense, 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 Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Dwayne Gelzer appeals his conviction of possession of marijuana and sentence of one year imprisonment, suspended upon service of four months and two years probation.  He maintains the trial court erred in denying his motion for a directed verdict.  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] Gelzer’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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


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