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2009-UP-447 - State v. Morton

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.

Cheryl Dawn Morton, Appellant.


Appeal From Chester County
James R. Barber, III, Circuit Court Judge


Unpublished Opinion No.  2009-UP-447
Submitted September 1, 2009 – Filed October 2, 2009 


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, 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 Douglas A. Barfield, Jr., of Lancaster, for Respondent.

PER CURIAM:  Cheryl Dawn Morton appeals her conviction for assault and battery of a high and aggravated nature.  She argues the trial court erred in excluding relevant evidence of the victim's prior conviction for driving under the influence.  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. 

Williams, J., Geathers, J., and Goolsby, A.J., concur.


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