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2008-UP-497 - State v. Brown

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.

Bernard Lamont Brown, Appellant.


Appeal From York County
 William P. Keesley, Circuit Court Judge


Unpublished Opinion No. 2008-UP-497
Submitted September 2, 2008 – Filed September 4, 2008   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, 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; Solicitor Kevin Brackett, of York; for Respondent.

PER CURIAM: Bernard Lamont Brown appeals his convictions for second degree lynching and strong arm robbery, arguing the trial court erred in admitting evidence of gang activity because the probative value was substantially outweighed by the danger of unfair prejudice.  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] Brown’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

ANDERSON, WILLIAMS, and KONDUROS, JJ., concur.


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