State v. Green

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.

Latorey Green, Appellant.

Appeal From Sumter County
 Thomas W. Cooper, Jr., Circuit Court Judge

Unpublished Opinion No.  2008-UP-095
Submitted February 1, 2008 Filed February 11, 2008

APPEAL DISMISSED

Appellate Defender Robert M. Dudek, South Carolina Commission, of Columbia, for Appellant. 

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Office of the Attorney General, all of Columbia:  and Cecil Kelly Jackson, of Sumter, for Respondent. 

PER CURIAM:  A jury convicted Latorey Green of murder and possession of a weapon during a violent crime.  The trial judge sentenced him to life imprisonment for the murder conviction and five years imprisonment for the weapon conviction.  Green argues the trial judge erred in refusing to grant his motion for a mistrial because prejudicial DNA evidence insinuated he was a rapist.  Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel attached a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit.  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 Green's appeal and grant counsel's motion to be relieved.[1] 

APPEAL DISMISSED.

ANDERSON, SHORT, and THOMAS, JJ., concur.

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