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2008-UP-658 - State v. Quinn

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.

Russell Trevor Quinn, Appellant.


Appeal From Greenville County
C. Victor Pyle, Jr., Circuit Court Judge


Unpublished Opinion No.  2008-UP-658
Submitted December 1, 2008 – Filed December 4, 2008 


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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 Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Russell Trevor Quinn appeals his conviction of assault and battery of a high and aggravated nature (ABHAN), and ten year sentence.  Quinn’s counsel argues the trial court erred by giving a confusing ABHAN jury charge.  Quinn 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 Quinn’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED. 

ANDERSON, HUFF, and THOMAS, JJ., concur.


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