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2012-UP-121 - State v. Portwood

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.

Amber Portwood, Appellant.


Appeal From Lexington County
John C. Few, Circuit Court Judge


Unpublished Opinion No. 2012-UP-121  
Submitted February 1, 2012 – Filed February 29, 2012


APPEAL DISMISSED


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

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Amber Portwood appeals her convictions for felony driving under the influence, resulting in death; reckless homicide; and unlawful possession of Xanax, arguing the trial court erred by refusing to instruct the jury on the lesser-related offense of involuntary manslaughter.  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.