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2008-UP-462 - State v. Lawter

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.

Billy Ray Lawter, Appellant.


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


Unpublished Opinion No. 2008-UP-462
Submitted August 1, 2008 – Filed August 8, 2008   


APPEAL DISMISSED


Deputy Chief Attorney Wanda H. Carter, 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: Billy Ray Lawter was tried for and convicted of carjacking.  He was sentenced to fifteen years’ imprisonment.  Lawter appeals his conviction, arguing the circuit court erred in denying his request for a jury charge on larceny as a lesser included offense of carjacking.  Lawter’s counsel attached to the final brief a petition to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), stating she had reviewed the record and concluded this appeal lacked merit.  After a thorough review of the record, counsel’s brief, and Lawter’s pro se 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] Lawter’s appeal and grant counsel’s petition 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.