State v. Frasier

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THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

David Frasier, Appellant.

Appeal From Charleston County
 G. Thomas Cooper, Jr., Circuit Court Judge

Unpublished Opinion No. 2008-UP-558
Submitted October 1, 2008 Filed October 9, 2008

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  A jury found David Frasier guilty of assault and battery of a high and aggravated nature (ABHAN), committing a lewd act on a minor, and disseminating harmful materials to a minor.  Frasier argues the trial judge erred in allowing the State to introduce evidence that was irrelevant and unduly prejudicial.  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 Frasier's appeal and grant counsel's motion to be relieved.[1] 

APPEAL DISMISSED.

SHORT and THOMAS, JJ., and GOOLSBY, A.J., concur.

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

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