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2012-UP-169 - State v. McKelvey

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.

Jermaine T. McKelvey, Appellant.


Appeal From Berkeley County
R. Markley Dennis, Jr., Circuit Court Judge


Unpublished Opinion No. 2012-UP-169
Submitted February 1, 2012 – Filed March 7, 2012   


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, 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 Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM: Jermaine T. McKelvey appeals his convictions for assault and battery with intent to kill, possession of a firearm during the commission of a violent crime, armed robbery, and possession of cocaine base, arguing the trial court erred by improperly instructing the jury that malice may be inferred from the use of a deadly weapon.  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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.

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