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2008-UP-236 - State v. Elkin

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.

Michael Dewayne Elkin, Appellant.


Appeal from Lexington County
 William P. Keesley, Circuit Court Judge


Unpublished Opinion No. 2008-UP-236
Submitted April 1, 2008 – Filed April 16, 2008   


APPEAL DISMISSED


Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Michael Dewayne Elkin appeals his conviction for criminal sexual conduct with a minor second degree.  The trial judge sentenced him to fifteen years imprisonment.  Elkin contends the trial court erred in admitting his custodial statement.  Elkin’s counsel attached a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit.  Elkin did not file a pro se response 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 Elkin’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

ANDERSON, SHORT, and THOMAS JJ., concur.


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