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2011-UP-251 - State v. Lynch

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.

David Roy Lynch, a/k/a Roy David McDowell, Appellant.


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


Unpublished Opinion No.  2011-UP-251 
Submitted May 1, 2011 – Filed May 24, 2011


APPEAL DISMISSED


Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.

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

PER CURIAM: David Roy Lynch, a/k/a Roy David McDowell, appeals his convictions and sentences for murder, armed robbery, and assault and battery with intent to kill, arguing the trial court erred in charging the jury on multiple evidentiary inferences of malice where the State proceeded on a theory of accomplice liability and Lynch defended with mere presence.  After thoroughly reviewing the record and 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] Lynch's appeal and grant counsel's petition to be relieved. 

APPEAL DISMISSED. 

FEW, C.J., and CURETON and GOOLSBY, A.JJ., concur. 


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