State v. Simpson ( 2009 )


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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 268(d)(2), SCACR.

    THE STATE OF SOUTH CAROLINA
    In The Court of Appeals

    The State, Respondent,

    v.

    Jonathon Simpson, Appellant.


    Appeal From Cherokee County
    John C. Hayes, III, Circuit Court Judge


    Unpublished Opinion No. 2009-UP-436
    Submitted September 1, 2009 – Filed September 10, 2009   


    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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

    PER CURIAM:  Jonathon Simpson appeals his conviction and sentence for armed robbery, arguing the trial judge erred in failing to conclude the State violated Batson v. Kentucky, 476 U.S. 79 (1986), when it struck two African Americans during jury selection.  After a thorough review of the record, counsel's brief, and Simpson's pro se 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.

    HUFF, THOMAS, and PIEPER, JJ., concur.


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

Document Info

Docket Number: 2009-UP-436

Filed Date: 9/10/2009

Precedential Status: Non-Precedential

Modified Date: 10/22/2024