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2008-UP-242 - State v. Mosteller

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.

James M. Mosteller, Sr., Appellant.


Appeal From Anderson County
 J. C. Buddy Nicholson, Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-242
Submitted April 1, 2008 – Filed April 18, 2008   


APPEAL DISMISSED


Appellate Defender Aileen P. Clare, 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 Christina Theos Adams, of Anderson, for Respondent.

PER CURIAM:  James Mosteller, Sr., pled guilty to assault and battery of a high and aggravated nature (ABHAN) and was convicted of attempted armed robbery.  He was sentenced to ten years in prison for ABHAN and twelve years, to be served concurrently, for attempted armed robbery.  Mosteller appeals his conviction for attempted armed robbery.  Mosteller’s counsel maintains the trial court erred in failing to direct a verdict in Mosteller’s favor due to insufficient evidence.  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[1] Mosteller’s appeal and grant counsel’s motion to be relieved.

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.