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2011-UP-310 - State v. Waiters

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.

Gary Waiters, Appellant.


Appeal From Jasper County
Carmen T. Mullen, Circuit Court Judge


Unpublished Opinion No. 2011-UP-310  
Submitted May 1, 2011 – Filed June 20, 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, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Issac McDuffie Stone, of Beaufort, for Respondent.

PER CURIAM:  Gary Waiters appeals his conviction and sentence for second-degree burglary, arguing the trial court erred in allowing the jury to hear prejudicial character evidence concerning a police investigation of Waiters for a prior burglary.  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] Waiters's appeal and grant counsel's petition to be relieved. 

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.