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2009-UP-451 - State v. Garrett

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.

Johnny Lee Garrett, Appellant.


Appeal From Sumter County
 Clifton Newman, Circuit Court Judge


Unpublished Opinion No. 2009-UP-451
Submitted September 1, 2009 – Filed October 7, 2009   


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  Johnny Lee Garrett appeals his conviction for criminal domestic violence of a high and aggravated nature.  Garrett asserts the trial court erred in failing to charge the defense of accident.  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 Garrett'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.