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2010-UP-390 - State v. Littlejohn

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.

James Bernard Littlejohn, Appellant.


Appeal From Cherokee County
J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2010-UP-390
Submitted August 2, 2010 – Filed August 25, 2010


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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:   James Bernard Littlejohn appeals his common law robbery conviction, arguing the trial court erred by giving a confusing reasonable doubt charge.  Littlejohn filed a pro se brief, arguing the trial court erred by giving confusing jury instructions on reasonable doubt, identification, and substantial evidence.  After a thorough review of the record, counsel's brief, and Littlejohn'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[1] the appeal and grant counsel's petition to be relieved.

APPEAL DISMISSED.

FEW, C.J., KONDUROS and LOCKEMY, JJ., concur. 


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