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2008-UP-526 - State v. Allen

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.

Adrian A. Allen, Appellant.


Appeal From Beaufort County
 Jackson V. Gregory, Circuit Court Judge


Unpublished Opinion No. 2008-UP-526
Submitted September 2, 2008 – Filed September 10, 2008  


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, 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; Solicitor McDuffie Stone, III, of Hampton; for Respondent.

PER CURIAM: Adrian Allen appeals from his convictions for murder and possession of a weapon during the commission of a violent crime.  He argues the trial court erred in failing to instruct the jury on voluntary manslaughter.  Allen’s counsel attached to his brief a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit.  Allen filed a pro se brief asserting several additional issues.  After a thorough review of the record, counsel’s brief, and Allen’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 Allen’s 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.