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2009-UP-183 - State v. Evans

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.

Derwin D. Evans, Appellant.


Appeal From Orangeburg County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2009-UP-183
Submitted April 1,2009 – Filed May 4, 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, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor David M. Pascoe, Jr., of Summerville, for Respondent.

PER CURIAM:  Derwin D. Evans appeals his convictions for distribution of crack cocaine, and distribution of crack cocaine within proximity of a school or park.  Evans argues the trial court erred by allowing a confidential informant to testify that she purchased crack cocaine from him in the past, as this evidence of uncharged prior bad acts placed his character in issue and was, in any case, unduly prejudicial.  After a thorough review of the record and counsel's brief filed 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.