State v. Montogomery ( 2012 )

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.
Michael Montgomery, Appellant.
__________
Appeal From Chester County
Doyet A. Early, III, Circuit Court Judge
__________
Unpublished Opinion No. 2012-UP-412
Submitted June 1, 2012 – Filed July 11, 2012
__________
APPEAL DISMISSED
__________
Appellate Defender Robert M. Pachak, of Columbia,
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 Douglas A. Barfield,
Jr., of Lancaster, for Respondent.
PER CURIAM: Michael Montgomery appeals his convictions of
growing and manufacturing marijuana and possession of marijuana, arguing
the trial court erred in failing to declare a mistrial after the State elicited
improper testimony. 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 dismiss1 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.