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2008-UP-529 - State v. McClain

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.

Steven McClain, Appellant.


Appeal From Lee County
 Howard P. King, Circuit Court Judge


Unpublished Opinion No.  2008-UP-529
Submitted September 2, 2008 – Filed September 11, 2008


APPEAL DISMISSED


Deputy Chief Attorney for Capital Appeals Robert M. Dudek, South Carolina Commission on Indigent Defense, 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 Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  A jury found Steven McClain guilty of armed robbery and possession of a firearm during the commission of a violent crime.  McClain argues the trial judge erred in sentencing him to life without parole because the State failed to comply with statutory written notice requirements.  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 McClain’s appeal and grant counsel’s motion to be relieved.[1] 

APPEAL DISMISSED.

ANDERSON, WILLIAMS, and KONDUROS, JJ., concur.


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