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2009-UP-097 - State v. Beaton

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.

Vincent J. Beaton, Appellant.


Appeal From Charleston County
R. Markley Dennis, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-097
Submitted February 2, 2009 – Filed February 24, 2009   


APPEAL DISMISSED


Deputy Chief Attorney 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 Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Vincent J. Beaton appeals his murder conviction and sentence of forty years' imprisonment.  Beaton's counsel argues the trial court erred by admitting evidence of Beaton's prior bad act, maintaining it was inadmissible under Rule 403, SCRE.  Beaton filed a pro se brief arguing the trial court erred by subjecting him to double jeopardy because his first trial ended in a mistrial.  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 Beaton'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.