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2012-UP-119 - State v. Washington

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.

Wilbert M. Washington, Appellant.


Appeal From Dillon County
 J. Michael Baxley, Circuit Court Judge


Unpublished Opinion No.  2012-UP-119 
Submitted February 1, 2012 – Filed February 29, 2012


APPEAL DISMISSED


Senior Appellate Defender Joseph L. Savitz, III, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor William B. Rogers, Jr., of Bennettsville, for Respondent.

PER CURIAM:  Wilbert M. Washington appeals his conviction for murder, arguing the circuit court erred by instructing the jury that malice may be inferred from conduct that shows a total disregard for human life.  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[1] the appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.


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