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2010-UP-038 - The State v. Thomas Small

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.

Thomas Lee Small, Appellant.


Appeal From York County
John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2010-UP-038
Submitted January 4, 2010 – Filed January 26, 2010  


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; and Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: Thomas Lee Small appeals his conviction for possession of crack cocaine.  He argues the trial court erred in failing to direct a verdict.  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] the 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.