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2008-UP-520 - State v. Maynor

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 Maynor, Appellant.


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


Unpublished Opinion No.  2008-UP-520
Submitted September 2, 2008 – Filed September 9, 2008


APPEAL DISMISSED


Robert M. Dudek, Deputy Chief Attorney for Capital Appeals, 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, and Assistant Deputy Attorney General Salley W. Elliot, all of the Office of the Attorney General, of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Billy Ray Maynor was convicted of trafficking in methamphetamine, more than one hundred grams, but less than two hundred grams.  Maynor’s counsel argues the trial court erred by refusing to give the requested charge on mere presence.  Maynor also filed a pro se brief.  After a thorough review of the record, counsel’s brief, and Maynor’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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

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


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