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2009-UP-433 - State v. Wilson

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.

Glen Wilson, Appellant.


Appeal From Williamsburg County
Clifton Newman, Circuit Court Judge


Unpublished Opinion No. 2009-UP-433
Submitted September 1, 2009 – Filed September 9, 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, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and  Solicitor C. Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  Glen Wilson appeals his convictions for murder, assault and battery with intent to kill, possession of a deadly weapon during the commission of a violent crime, armed robbery, and criminal conspiracy.  Wilson argues the trial court erred in allowing the surviving victim to testify that Wilson was "playing his rough role . . . like he's done it before," as this testimony tended to place Wilson's character in issue in violation of Rules 403 and 404, SCRE.  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. 

HUFF, THOMAS, and PIEPER, JJ., concur. 


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