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2008-UP-586 - State v. Cauthen

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.

Rodney David Cauthen, Appellant.


Appeal From Lancaster County
 Brooks P. Goldsmith, Circuit Court Judge


Unpublished Opinion No. 2008-UP-586
Submitted October 1, 2008 – Filed October 15, 2008


APPEAL DISMISSED


Deputy Chief Attorney for Capital Appeals Robert M. Dudek, 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 Douglas A. Barfield, Jr., of Lancaster, for Respondent.

PER CURIAM: Rodney Cauthen appeals his conviction and sentence for assault with intent to commit criminal sexual conduct in the second degree.  On appeal, Cauthen contends the trial court erred in failing to exclude evidence of Cauthen’s prior convictions.  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 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.