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2009-Up-453 - State v Richard Middleton

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.

Richard Middleton, Appellant.


Appeal From Charleston County
Thomas L. Hughston, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-Up-453
Submitted October 1, 2009 – Filed October 8, 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, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Richard Middleton appeals his conviction for first-degree attempted burglary, arguing the trial court erred in denying his motion to bifurcate the trial.  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.