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2012-UP-331 - State v. Goins

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 Allen Goins, Appellant.


Appeal From Fairfield County
Clifton Newman, Circuit Court Judge


Unpublished Opinion No.  2012-UP-331
Submitted May 1, 2012 – Filed May 30, 2012


APPEAL DISMISSED


Appellate Defender Tristan M. Shaffer, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Douglas A. Barfield Jr., of Lancaster, for Respondent.

PER CURIAM:  David Allen Goins appeals his convictions of murder and assault and battery with intent to kill, arguing the circuit court erred in failing to charge the jury on the lesser-included offenses of voluntary and involuntary manslaughter and that the State improperly argued in its closing that the law allows a jury to find malice 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.

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


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