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2008-UP-517 - State v. Gregory

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.

Clarence S. Gregory, Appellant.


Appeal From Cherokee County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No.   2008-UP-517
Submitted September 2, 2008 – Filed September 9, 2008


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg; for Respondent.

PER CURIAM:  Clarence S. Gregory, convicted of murder, armed robbery and first degree burglary, appeals the trial court’s denial of his motion for a new trial based on after discovered evidence.  He argues the trial judge hearing his motion should have recused himself because the judge also presided over his original trial.  Gregory filed a separate pro se brief arguing his appellate counsel inadequately briefed his appeal, and the trial court erred by placing a heightened scrutiny on a witness’ recantation affidavit under the erroneous belief the witness and Gregory were married.  After a thorough review of the record and both briefs 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 Gregory’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

HEARN, C.J., and HUFF and GEATHERS, JJ., concur.


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