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2010-UP-125 - The State v. Richard Gray

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 Allen Gray, Appellant.


Appeal From Lexington County
Judge R. Knox McMahon, Circuit Court Judge


Unpublished Opinion No. 2010-UP-125
Submitted January 4, 2010 – Filed February 11, 2010  


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  A jury found Richard Allen Gray guilty of criminal sexual conduct with a minor, and the trial judge sentenced Gray to life without the possibility of parole.  Gray argues the trial court erred in finding the State did not err in failing to disclose that an eye witness in the case gave a prior incriminating oral statement corroborating his written statement.  Hill maintains the failure to disclose violated Rule 5 of South Carolina Rules of Criminal Procedure and improperly bolstered the witness's statement.  Additionally, Gray submitted a pro se brief with the court.  After a thorough review of the record, counsel's brief, and Gray's pro se 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 Gray's appeal and grant counsel's motion to be relieved.[1] 

APPEAL DISMISSED. 

WILLIAMS, PIEPER, and LOCKEMY, JJ., concur.


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