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2010-UP-426 - State v. Elayda

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.

Michael Elayda, Appellant.


Appeal From Berkeley County
 Daniel  F.  Pieper, Circuit Court Judge


Unpublished Opinion No.  2010-UP-426
Submitted October 1, 2010 – Filed October 11, 2010


APPEAL DISMISSED


Senior Appellate Defender Joseph L. Savitz, III, 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 Scarlett Anne Wilson of Charleston, for Respondent.

PER CURIAM:    Michael Elayda appeals his voluntary manslaughter and armed robbery convictions, arguing the circuit court erred in denying his directed verdict motion on his murder charge and in charging voluntary manslaughter.    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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED.

FEW, C.J., HUFF and GEATHERS, JJ., concur.


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