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2012-UP-178 - State v. Smith

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.

Kenneth Danafelix Smith, Appellant.


Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2012-UP-178  
Submitted March 1, 2012 – Filed March 14, 2012


APPEAL DISMISSED


Chief Appellate Defender Robert M. Dudek, of Columbia; and Kenneth Danafelix Smith, pro se, 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 Barry Barnette, of Spartanburg, for Respondent.

PER CURIAM: Kenneth Danafelix Smith appeals his convictions for murder and breach of peace of a high and aggravated nature, arguing the trial court erred in failing to direct a verdict in his favor on its own motion.  Smith also filed multiple pro se briefs.  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.

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


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