State v. Hollis ( 2003 )

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Brett Blair Hollis, Appellant.

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Appeal From Lexington County
James W. Johnson, Jr., Circuit Court Judge

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Unpublished Opinion No. 2003-UP-537
Submitted February 20, 2003 – Filed September 10, 2003

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APPEAL DISMISSED

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Deputy Chief Attorney Joseph L. Savitz, III, of SC Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney General John W. McIntosh; Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia;  and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Brett Blair Hollis was indicted on two counts of murder, first degree burglary, first degree criminal sexual conduct and kidnapping.  He was tried, found guilty and sentenced to life without parole for the each murder, thirty years for first degree burglary and thirty years for first degree criminal sexual assault. Hollis appeals his convictions arguing  the trial court erred in declining to instruct the jury on voluntary manslaughter because he murdered his two victims in the heat of passion after witnessing his former girlfriend kissing her new beau.

Counsel for Hollis filed a final brief and submitted a petition to be relieved, stating he reviewed the record and found the appeal to be without merit.  After a 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 [1] Hollis’ appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CURETON, and GOOLSBY, JJ., concur.

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[1] Because oral argument would not aid the court in resolving the issue on appeal, we decide this case without oral argument pursuant to Rule 215, SCACR.