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2008-UP-191 - State v. Mullins

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.

Thomas L. Mullins, Appellant.


Appeal From Spartanburg County
 Roger L. Couch, Circuit Court Judge


Unpublished Opinion No. 2008-UP-191
Submitted March 4, 2008 – Filed March 18, 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, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Thomas L. Mullins (Mullins) appeals his conviction for assault and battery with intent to kill, assault and battery of a high and aggravated nature, and first-degree burglary.  On appeal, Mullins maintains his sentence should be vacated because the trial court failed to suppress Mullins’ oral statement to police in violation of Miranda v. Arizona, 384 U.S. 436 (1966).

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 Mullins’ 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.