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2012-UP-268 - State v. Watkins

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.


Mykel Rasheed Watkins, Appellant.


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


Unpublished Opinion No. 2012-UP-268
Submitted April 2, 2012 – Filed May 2, 2012   


APPEAL DISMISSED


Chief Appellate Defender Robert M. Dudek and Appellate Defender Tristan M. Shaffer, both of Columbia; and Mykel Rasheed Watkins, pro se, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Barry J. Barnette, of Spartanburg, for Respondent.

PER CURIAM:  Mykel Rasheed Watkins appeals his conviction of armed robbery, arguing the trial court erred in allowing the solicitor to comment on and argue to the jury that it should draw an adverse inference from Watkins's failure to call certain witnesses to establish his alibi defense.  Additionally, Watkins filed a pro se brief.  After a thorough review of the record and 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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED. 

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


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