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2009-UP-537 - State v. Lowery

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.

Mark James Lowery, Jr., Appellant.


Appeal From Sumter County
Honorable George C. James, Circuit Court Judge


Unpublished Opinion No. 2009-UP-537
Submitted November 2, 2009 – Filed November 19, 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, Solicitor Cecil K. Jackson, of Sumter, for Respondent.

PER CURIAM: Mark James Lowery, Jr., appeals his convictions for armed robbery, possession of a weapon, and failure to stop for a blue light.  On appeal, Lowery argues the trial court erred in allowing the jury to have a copy of his statement made to law enforcement when it was already read into evidence, thereby making it cumulative and placing undue emphasis on it. 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, PIEPER, and LOCKEMY, JJ., concur.


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