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2009-UP-486 - State v. Williams

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.

Dan Williams, II, Appellant.


Appeal From Lexington County
R. Knox McMahon, Circuit Court Judge


Unpublished Opinion No. 2009-UP-486
Submitted October 1, 2009 – Filed October 15, 2009   


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Dan Williams, II, appeals his conviction for distribution of crack cocaine.  He argues the trial court erred in allowing testimony about his past drug use because the evidence was not relevant to proving he sold crack cocaine.  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. 

HEARN, C.J., KONDUROS and LOCKEMY, JJ, concur.


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