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2008-UP-576 - State v. Smalls

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.

Clayton Smalls, Appellant.


Appeal From Charleston County
Daniel F. Pieper, Circuit Court Judge


Unpublished Opinion No. 2008-UP-576
Submitted October 1, 2008 – Filed October 14, 2008  


APPEAL DISMISSED


Appellate Defender Joseph L. Savitz, III, 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, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Clayton Smalls appeals his conviction of armed robbery, possession of a firearm during the commission of a violent crime, and possession of a firearm by someone under twenty-one.  He was sentenced to concurrent sentences of fifteen years, five years, and five years, respectively.  Smalls argues the trial court erred by failing to instruct the jury on the defense of alibi.  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 Smalls’ 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.