State v. Bolte ( 2009 )

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.

Mark Bolte, Appellant.

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Appeal From Abbeville County
Wyatt T. Saunders, Jr., Circuit Court Judge

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Unpublished Opinion No. 2009-UP-361
Submitted June 1, 2009 – Filed June 24, 2009   

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APPEAL DISMISSED

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Appellate Defender Eleanor Duffy Cleary, of Columbia; and Mark Bolte, pro se, 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 Jerry W. Peace, of Greenwood, for Respondent.

PER CURIAM: Mark Bolte appeals his convictions and sentences for incest, lewd act on a minor, and second degree criminal sexual conduct with a minor.  Bolte argues the trial court erred by admitting evidence outside the scope of allowable evidence pursuant to State v. Shumpert, 312 S.C. 502, 435 S.E.2d 859 (1993). Bolte also filed a pro se brief.  After a thorough review of the record and both briefs 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.

HEARN, C.J., and THOMAS and KONDUROS, JJ., concur.

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