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2008-UP-580 - State v. McCullough

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.

Sakima K. McCullough, Appellant.


Appeal From York County
 Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2008-UP-580
Submitted October 1, 2008 – Filed October 15, 2008


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, 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 Kevin Scott Brackett, of York, for Respondent.

PER CURIAM:  A jury found Sakima K. McCullough guilty of kidnapping, armed robbery, criminal conspiracy, first-degree burglary, possession of a firearm during a crime of violence, and assault and battery of a high and aggravated nature.  Counsel for McCullough argues he was deprived of his sixth amendment right to a trial by a fair and impartial jury when the trial judge failed to excuse a biased juror for cause.  McCullough also filed a pro se brief.  After a thorough review of the record and both 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 McCullough’s 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.