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2010-UP-556 - State v. Birch

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.

Vante Birch, Appellant.


Appeal From Charleston County
 R. Markley Dennis, Jr., Circuit Court Judge


Unpublished Opinion No. 2010-UP-556
Submitted October 1, 2010 – Filed December 21, 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, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM: Vante Birch appeals his armed robbery conviction.  Birch argues the trial court erred in failing to grant his motion for a directed verdict.  Birch's counsel filed a petition to be relieved as counsel pursuant to Anders v. California, 386 U.S. 738 (1967), stating she had reviewed the record and concluded this appeal lacked merit.  Birch also filed a pro se brief, arguing the trial court erred in: (1) failing to charge the lesser included offense of strong arm robbery, and (2) charging the jury that the "hand of one is the hand of all."  After a thorough review of the record, counsel's brief, and Birch'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. 

SHORT, THOMAS, and LOCKEMY, JJ., concur. 


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