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2011-UP-035 - State v. Portee

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.

John Henry Portee, Jr., Appellant.


Appeal From Richland County
J. Ernest Kinard, Jr., Circuit Court Judge


Unpublished Opinion No.  2011-UP-035 
Submitted January 1, 2011 – Filed February 1, 2011


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General Donald J. Zelenka, and Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM:  John Henry Portee appeals his convictions for armed robbery and two counts of murder.  Portee's counsel argues the trial court erred in issuing a confusing and misleading alibi charge.  Portee submitted a pro se brief.  After a thorough review of the record and both briefs 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 motion to be relieved.

APPEAL DISMISSED.

HUFF and LOCKEMY, JJ., and GOOLSBY, A.J., concur.


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