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2011-UP-338 - State v. Spires

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.

Gerald Lee Spires, Appellant.


Appeal From Lexington County
William P. Keesley, Circuit Court Judge


Unpublished Opinion No. 2011-UP-338  
Submitted June 1, 2011 – Filed June 28, 2011


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda Carter, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: Gerald Lee Spires appeals his conviction for criminal domestic violence of a high and aggravated nature, arguing the trial court erred in denying Spires's motion for a new trial because his prosecution was frivolous and vexatious.  After a thorough review of the record, counsel's brief, and Spires's pro se 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., HUFF and KONDUROS, JJ., concur.


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