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2009-UP-556 - State v. Cooke

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.

Clifton Cooke, Appellant.


Appeal From Kershaw County
James R. Barber, III, Circuit Court Judge


Unpublished Opinion No. 2009UP-556
Submitted November 2, 2009 – Filed November 19, 2009   


APPEAL DISMISSED


Chief Appellate Defender Robert Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM:  Clifton Cooke appeals his conviction and sentence for murder, arguing the trial court erred by refusing to instruct the jury on voluntary manslaughter.  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., Huff, and Geathers, JJ., concur.


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