State v. Hawkins ( 2010 )

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.

Allan Lee Hawkins, Appellant.

---

Appeal From Greenville County
Deadra L. Jefferson, Circuit Court Judge

---

Unpublished Opinion No. 2010-UP-065
Submitted January 4, 2010 – Filed January 28, 2010   

---

APPEAL DISMISSED

---

Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; Solicitor Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM: Allan Hawkins appeals his concurrent sentences of thirty years, ten years, and five years for murder, armed robbery, and possession of a firearm during the commission of a violent crime, respectively.  Hawkins contends the trial court erred by refusing to instruct the jury specifically that the use of a weapon does not automatically preclude self-defense.  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.

SHORT, THOMAS, and KONDUROS, JJ., concur.

---

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