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2008-UP-530 - State v. Kelly

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.

Albert Kelly, Appellant.


Appeal From Greenville County
 G. Edward Welmaker, Circuit Court Judge


Unpublished Opinion No. 2008-UP-530
Submitted September 2, 2008 – Filed September 11, 2008   


APPEAL DISMISSED


Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Robert M. Arial, of Greenville, for Respondent.

PER CURIAM:  Kelly was tried and convicted of murder, armed robbery, and possession of a firearm during the commission of a violent crime.  On appeal, Kelly’s counsel argues the trial court erred by failing to instruct the jury on the defense of alibi.  Kelly also filed a pro se brief.  After a thorough review of the record and briefs 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.

HEARN, C.J., HUFF and GEATHERS, JJ., concur.


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