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2008-UP-438 - State v. Ross

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.

Cedric Ross, Appellant.


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


Unpublished Opinion No. 2008-UP-438
Submitted August 1, 2008 – Filed August 6, 2008 


APPEAL DISMISSED


Chief Appellate Defender Joseph L. Savitz, III, 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 Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM: Cedric Ross appeals his conviction and sentence for simple possession of crack cocaine.  He argues the trial court erred in denying his motion for a new trial because the jury improperly convicted him of both the greater and the lesser-included offenses.  Specifically, Ross asserts the jury instructions were confusing, as indicated by the jury’s inability to follow the instructions properly.  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] Ross’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

KONDUROS, J., CURETON, A.J., and GOOLSBY, A.J., concur.


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