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2009-UP-478 - State v. Wright

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.

Bryan Wright, Appellant.


Appeal From York County
 Howard P. King, Circuit Court Judge


Unpublished Opinion No.  2009-UP-478
Submitted October 1, 2009 – Filed October 14, 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, Zelenka, all of Columbia; and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM: Bryan Wright appeals his convictions and sentences for: (1) distribution of crack cocaine, third offense, and (2) distribution of crack cocaine within proximity of a park.  Wright argues the jury charge on reasonable doubt was confusing and would allow a jury to find him guilty using a lesser degree of proof.  After a thorough review of the record, counsel's brief, and Wright's pro se 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., Konduros, and Lockemy, JJ., concur.


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