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2008-UP-109 - State v. Ballard

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.

Alvin Earle Ballard, Jr., Appellant.


Appeal From Spartanburg County
 Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-109
Submitted February 1, 2008 – Filed February 12, 2008


APPEAL DISMISSED


Appellate Defender Eleanor D. Cleary, 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 Harold W. Gowdy, III,  of Spartanburg, for Respondent.

PER CURIAM:  Alvin Earle Ballard, Jr., (Ballard) appeals his convictions and sentences for armed robbery, assault and battery of a high and aggravated nature, and two counts of assault with intent to kill.  On appeal, Ballard maintains the trial court erred in denying his motion for a directed verdict because the evidence was insufficient to convict him of armed robbery.  Ballard also asserts numerous pro se arguments.  After a thorough review of the record, counsel’s brief, and Ballard’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 Ballard’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED. [1]

HUFF, KITTREDGE, and WILLIAMS, JJ., concur.


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