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2008-UP-622 - State v. Tucker

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.

Billy Shane Tucker, Appellant.


Appeal From Anderson County
 Alexander S. Macaulay, Circuit Court Judge


Unpublished Opinion No. 2008-UP-622
Submitted November 3, 2008 – Filed November 12, 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 Donald J. Zelenka, all of Columbia; Solicitor Christina Theos Adams, of Anderson, for Respondent.

PER CURIAM: Billy Shane Tucker appeals his convictions for murder, assault and battery with intent to kill, and possession of a weapon during the commission of a violent crime, for which Tucker received consecutive sentences of life imprisonment, twenty years, and five years, respectively.  Tucker argues the trial court lacked subject matter jurisdiction to try him because the indictment purported to have been presented to the court of general sessions on a date the court did not convene. 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.

WILLIAMS, PIEPER, and GEATHERS, JJ., concur.


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