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2010-UP-491 - State v. Scott, Gregory

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.

Gregory Nathaniel Scott, Jr., Appellant.


Appeal From Spartanburg County
Paul M. Burch, Circuit Court Judge


Unpublished Opinion No.  2010-UP-491
Submitted November 1, 2010 – Filed November 4, 2010
Withdrawn, Substituted and Refiled January 24, 2011  


APPEAL DISMISSED


Senior Appellate Defender Joseph L. Savitz, III, of Columbia, and Gregory N. Scott Jr., pro se, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Gregory N. Scott, Jr. appeals his convictions for murder and first-degree lynching, arguing the trial court erred in instructing the jury on implied malice.  After a thorough review of the record, counsel's brief, and Scott'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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED.

THOMAS, PIEPER, and GEATHERS, JJ., concur.   


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