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2011-UP-337 - State v. Shepherd

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.

Roger Shepherd, Appellant.


Appeal From Pickens County
G. Edward Welmaker, Circuit Court Judge


Unpublished Opinion No. 2011-UP-337 
Submitted June 1, 2011 – Filed June 28, 2011


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor William W. Wilkins, III, of Greenville, for Respondent.

PER CURIAM:  Roger Shepherd appeals his conviction for armed robbery, assault with intent to kill, murder, and possession of a weapon during the commission of a crime, arguing the trial court erred in giving an incorrect malice charge.  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.

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


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