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2011-UP-254 - State v. Forrest

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,

v.

Joshua Lamar Forrest, Appellant.


Appeal From Aiken County
Michael G. Nettles, Circuit Court Judge


Unpublished Opinion No. 2011-UP-254
Submitted May 1, 2011 – Filed June 1, 2011   


APPEAL DISMISSED


Appellate Defender Joseph 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, for Respondent.

PER CURIAM:  Joshua Lamar Forrest appeals his convictions for murder and possession of a weapon during the commission of a violent crime, arguing the trial court erred by instructing the jury that malice could arise when the deed is done with a deadly weapon.  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., KONDUROS, J., and CURETON, A.J., concur. 


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