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2010-UP-014 - State v. Haltiwanger

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.

Clifford Haltiwanger, Appellant.


Appeal From Richland County
James W. Johnson, Jr., Circuit Court Judge


Unpublished Opinion No. 2010-UP-014
Submitted January 4, 2010 – Filed January 25, 2010  


APPEAL DISMISSED


Appellate Defender Lanelle Durant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Clifford Haltiwanger appeals his convictions and sentences for trafficking in cocaine, arguing the circuit court erred in refusing to charge the jury on the lesser included offense of possession with intent to distribute crack cocaine because some evidence indicated the drugs did not cross the weight threshold for trafficking.  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[1] Haltiwanger's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED. 

HUFF, A.C.J., GEATHERS, J., and CURETON, A.J., concur. 


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