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2009-UP-450 - State v. Mobley

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.

James E. Mobley, Appellant.


Appeal From York County
 Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2009-UP-450
Submitted September 1, 2009- Filed October 7, 2009   


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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 Kevin Scott Brackett, of York, for Respondent.

PER CURIAM:  James E. Mobley appeals his conviction for distribution of crack cocaine, third offense.  Mobley asserts the trial court's charge on reasonable doubt lessened the State's burden of proof.  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 Mobley's appeal and grant counsel's motion to be relieved. [1]

APPEAL DISMISSED. 

Short, Williams, and Geathers, J.J., concur.


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