Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2009-UP-187 - State v. Bourgoin

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.

James L. Bourgoin, Appellant.


Appeal From Dillon County
 James E. Lockemy, Circuit Court Judge


Unpublished Opinion No. 2009-UP-187
Submitted April 1, 2009 – Filed May 5, 2009


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney Generarl 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: James L. Bourgoin appeals his convictions for first degree burglary, assault and battery with intent to kill, and assault and battery of a high and aggravated nature, for which he received sentences of imprisonment for concurrent terms of twenty years, twenty years, and three years, respectively.  He argues the trial judge's instruction to the jury on reasonable doubt was so confusing the jury could have interpreted the charge as allowing a finding of guilt based on a degree of proof below that required by the due process clause.  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 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.