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2012-UP-122 - State v. Toland

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.

David J. Toland, Appellant.


Appeal From Greenville County
Edward W. Miller, Circuit Court Judge


Unpublished Opinion No.  2012-UP-122 
Submitted February 1, 2012 – Filed February 29, 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 Salley W. Elliott, all of Columbia; and Solicitor W. Walter Wilkins, of Greenville, for Respondent.

PER CURIAM:  David J. Toland appeals his conviction for attempted burglary, arguing the circuit court erred in denying his motion for a directed verdict because the State failed to prove beyond a reasonable doubt he intended to commit burglary.  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.