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2011-UP-412 - State v. Kelly

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.

Michael Kelly, Appellant.


Appeal From Chesterfield County
George C. James, Jr., Circuit Court Judge


Unpublished Opinion No. 2011-UP-412  
Submitted August 15, 2011 – Filed August 29, 2011


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. 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 William B. Rogers, Jr., of Bennettsville, for Respondent.

PER CURIAM:  Michael Kelly appeals his convictions for incest, lewd act on a minor, and second-degree criminal sexual conduct with a minor, arguing the circuit court erred in denying his motion for a mistrial.  Additionally, Kelly filed a pro se brief.  After a thorough review of the record and all 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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED.

HUFF and PIEPER, JJ., and CURETON, A.J., concur.


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