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2009-UP-043 - State v. Davis

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.

Johnny Andre Davis, Appellant.


Appeal From Colleton County
G. Edward Welmaker, Circuit Court Judge


Unpublished Opinion No.  2009-UP-043
Submitted January 2, 2009 – Filed January 15, 2009 


APPEAL DISMISSED


Deputy Chief Appellate Defender 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 Donald J. Zelenka, all of Columbia; and Solicitor Issac McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Johnny Andre Davis appeals his murder conviction and sentence of life imprisonment.  Davis argues the trial court erred by failing to grant his motion for a directed verdict on the murder charge.    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 Davis’s 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.