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2009-UP-077 - State v. McCall

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.

Eunice Davis McCall, Appellant.


Appeal From Lee County
Clifton Newman, Circuit Court Judge


Unpublished Opinion No.  2009-UP-077
Submitted February 2, 2009 – Filed February 11, 2009 


APPEAL DISMISSED


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 Salley W. Elliott, all of Columbia; and Solicitor C. Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  Eunice Davis McCall appeals convictions for voluntary manslaughter and possession of a firearm during the commission of a violent crime, and concurrent sentences of eighteen and five years.  McCall argues the trial court erred by failing to instruct the jury on the law of accident.  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 McCall's 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.