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2008-UP-519 - State v. Pierre

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.

Jacques Pierre, Appellant.


Appeal From Clarendon County
 Thomas W. Cooper, Jr., Circuit Court Judge


Unpublished Opinion No.  2008-UP-519
Submitted September 2, 2008 – Filed September 9, 2008


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, South Carolina Commission of Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM: Jacques Pierre appeals his conviction and sentence for assault and battery of a high and aggravated nature, arguing the trial court erred by failing to charge the jury on the defense of accident.  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] Pierre’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

SHORT, THOMAS, and PIEPER, JJ., concur.


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