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2009-UP-427 - State v. Perkins

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Tommy J. Perkins, Appellant.


Appeal From Lexington County
R. Knox McMahon, Circuit Court Judge


Unpublished Opinion No. 2009-UP-427
Submitted September 1, 2009 – Filed September 8, 2009   


APPEAL DISMISSED


Appellate Defender M. Celia Robinson, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: Tommy J. Perkins appeals his conviction and sentence for burglary in the first degree, arguing the trial court erred in failing to grant to directed verdict because the State did not establish he burgled a "dwelling."  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. 

HEARN, C.J., and KONDUROS and LOCKEMY, JJ., concur. 


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