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2008-UP-556 - State v. Grate

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.

Christopher L. Grate, Appellant.


Appeal from Georgetown County
 Steven H. John, Circuit Court Judge


Unpublished Opinion No.  2008-UP-556
Submitted October 1, 2008 – Filed October 9, 2008


APPEAL DISMISSED


Eleanor Duffy Cleary, Appellate Defender, 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. Elliott, of the Office of the Attorney General, all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Grate was convicted of assault and battery with intent to kill and possession of a weapon during the commission of a violent crime.    On appeal, Grate’s counsel argues the court erred by allowing the victim to testify about one of Grate’s prior bad acts.  Grate also filed a pro se brief. After a thorough review of the record, counsel’s brief, and Grate’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.