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2009-UP-071 - State v. Wlison

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.

John E. Wilson, Jr., Appellant.


Appeal From Darlington County
J. Michael Baxley, Circuit Court Judge


Unpublished Opinion No. 2009-UP-071
Submitted February 2, 2009 – Filed February 10, 2009   


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Jay E. Hodge, Jr., of Cheraw; for Respondent.

PER CURIAM:  John E. Wilson, Jr. appeals his convictions for armed robbery and possession of a weapon during the commission of a violent crime, and consecutive sentences of thirty and five years' imprisonment, respectively.  Wilson's counsel argues the State's closing argument denied Wilson the right to a fair trial.  Wilson asserts the trial court erred in admitting the photo line-up into evidence, failing to evaluate Wilson to determine if he was competent to stand trial, and failing to ask Wilson if he needed counsel to be appointed before selecting a jury.  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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED.

SHORT, THOMAS, and GEATHERS, JJ., concur. 


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