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2008-UP-574 - State v. Bryant

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.

Frankie Lee  Bryant, III, Appellant.


Appeal From Bamberg County
 Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-574
Submitted October 1, 2008 – Filed October 14, 2008


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, South Carolina Commission of Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM: Frankie Bryant appeals his conviction and sentence for voluntary manslaughter, arguing the trial court erred by giving the jury contradictory charges on the amount of force a defendant may employ while acting in self-defense.  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] Bryant’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., and GEATHERS, J., and CURETON, A.J., concur.


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