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2008-UP-525 - State v. Stewart

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.

Bobby Roy Stewart, Appellant.


Appeal From Greenville County
 John C. Few, Circuit Court Judge


Unpublished Opinion No. 2008-UP-525
Submitted September 2, 2008 – Filed September 10, 2008   


APPEAL DISMISSED


Deputy Chief Attorney for Capital Appeals Robert M. Dudek, 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 Robert M. Ariail, of Greenville; for Respondent.

PER CURIAM: Bobby Roy Stewart appeals his conviction and sentence for failure to stop for a blue light.  On appeal, Stewart maintains the trial court erred in refusing to grant him a directed verdict because the State failed to prove the absence of mitigating circumstances.  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] Stewart’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.