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2010-UP-020 - State v. Miller

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.

Reginald James Miller, Appellant.


Appeal From Spartanburg County
 J. Cordell Maddox, Jr., Circuit Court Judge
 Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No. 2010-UP-020
Submitted January 4, 2010 – Filed January 25, 2010   


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Reginald James Miller appeals his convictions and sentences for trafficking in cocaine and trafficking in crack cocaine, arguing the constructive denial of counsel he suffered at trial requires reversal and a new trial.  Miller filed a separate pro se brief, arguing the circuit court erred in admitting the powder and crack cocaine into evidence because the State failed to establish a proper chain of custody and in allowing Margaret Greer to testify at trial, despite the fact she was not listed as a prosecution witness.  After a thorough review of the record and both briefs 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] Miller'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.