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2009-UP-016 - State v. Stegall

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.

Raymond D. Stegall, Appellant.


Appeal From Charleston County
Daniel F. Pieper, Circuit Court Judge


Unpublished Opinion No. 2009-UP-016
Submitted January 2, 2009 – Filed January 8, 2009   


APPEAL DISMISSED


Chief Appellate Defender Joseph L. Savitz, III, 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; and Solicitor Scarlett Anne Wilson, of Charleston; for Respondent.

PER CURIAM:  Raymond D. Stegall appeals his conviction for murder. Stegall argues the trial court erred by giving a confusing and contradictory self-defense charge on the duty to retreat.  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. 

HUFF, THOMAS, and LOCKEMY, JJ., concur. 


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