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2012-UP-007 - State v. Poindexter

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.

Bryan Poindexter, Appellant.


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


Unpublished Opinion No.  2012-UP-007
Submitted December 1, 2011 – Filed January 4, 2012


APPEAL DISMISSED


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

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Sally W. Elliott, all of Columbia; and Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

PER CURIAM:  Bryan Poindexter appeals his convictions for first-degree criminal sexual conduct, assault and battery of a high and aggravated nature, and kidnapping, arguing the circuit court erred in giving a jury instruction on reasonable doubt that was confusing and that lessened the State's burden of proof.  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[1] the appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

SHORT, WILLIAMS, and GEATHERS, JJ., concur.


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