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2008-UP-042 - State v. Johnson

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.

Anthony Jesus Johnson Appellant.


Appeal From Greenville County
C. Victor Pyle, Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-042
Submitted January 2, 2008 – Filed January 11, 2008  


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, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Anthony Jesus Johnson appeals his convictions for murder and assault and battery with intent to kill and sentence of life imprisonment plus ten years.  He contends the trial court erred in failing to instruct the jury on the lesser-included offense of voluntary manslaughter.  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 dismiss[1] Johnson’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

Anderson, Short and Williams, JJ., concur.


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