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2012-UP-057 - State v. Gainey

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.

Louis Gainey, Jr., Appellant.


Appeal From Richland County
L. Casey Manning, Circuit Court Judge


Unpublished Opinion No. 2012-UP-057  
Submitted January 3, 2012 – Filed February 1, 2012


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, of Columbia, and Louis Gainey, pro se, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Solicitor Daniel E. Johnson, all of Columbia, for Respondent.

PER CURIAM:  Louis Gainey, Jr., appeals his conviction for assault and battery with intent to kill, arguing the circuit court erred in charging the jury that malice may be inferred from the use of a deadly weapon because evidence was presented that would have reduced the charge to assault and battery of a high and aggravated nature.  Additionally, Gainey asserts several pro se arguments.  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.