State v. Earley ( 2008 )

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.

Thomas Wayne Earley, Jr., Appellant.

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Appeal From Spartanburg County
Edward W. Miller, Circuit Court Judge

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Unpublished Opinion No. 2008-UP-626
Submitted November 3, 2008 – Filed November 12, 2008  

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APPEAL DISMISSED

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Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Thomas Wayne Earley appeals his ninety-day sentence for pointing and presenting a firearm.  Earley argues the trial judge erred in failing to instruct the jury to disregard improper character evidence.  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.

ANDERSON, HUFF, and THOMAS, JJ., concur.

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