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2008-UP-233 - State v. Battle

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.

Damian Battle, Appellant.


Appeal from Aiken County
 Doyet A. Early, Circuit Court Judge


Unpublished Opinion No. 2008-UP-233
Submitted April 1, 2008 – Filed April 15, 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, and Assistant Deputy Attorney General Salley W. Elliott, all of the Office of the Attorney General, of Columbia; and Solcitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Damian Battle was convicted after a jury trial of distribution of marijuana and was sentenced to fifty-four months in prison. On appeal, Battle alleges the trial court erred by allowing the State to improperly bolster a witness’s testimony.  Battle did not file a pro se brief.  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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

HEARN, C.J., and PIEPER, J., and CURETON, A.J., concur.


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