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2008-UP-048 - State v. Cross #1

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.

Edward Lee Cross #1, Appellant.


Appeal From York County
 John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No.   2008-UP-048
Submitted January 2, 2008 – Filed January 14, 2008


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III , South Carolina Commission of 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 Kevin Scott Brackett, ,of York, for Respondent.

PER CURIAM:  Edward Lee Cross appeals his conviction for trafficking cocaine.  On appeal, Cross contends the trial court erred by failing to instruct the jury on the defense of entrapment.  Cross’s counsel attached to the brief a petition to be relieved as counsel, stating that he had reviewed the record and concluded this appeal lacks merit.  Cross filed a separate pro se brief.  After a thorough review of the record, counsel’s brief, and Cross’s pro se 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 petition 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.