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2008-UP-589 - State v. Spencer

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.

Earl Spencer, Appellant.


Appeal From Cherokee County
 John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No.  2008-UP-589
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, and Assistant Deputy Attorney General Salley W. Elliott, of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  A jury found Earl Spencer guilty of three counts of first-degree criminal sexual conduct.  Spencer argues the trial judge erred in refusing to grant his motion for directed verdict.  He also filed a pro se brief. After a thorough review of the record and 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 Spencer’s 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.