State v. Kinder

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Willie Kinder, Jr.,       
Appellant.

Appeal From Sumter County

Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2003-UP-499  

Submitted June 9, 2003 – Filed August 26, 2003

APPEAL DISMISSED

Deputy Chief Attorney Joseph L. Savitz, III, 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 Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM: Willie Kinder, Jr. appeals his
conviction for murder, arguing that the trial judge erred by limiting his definition
of the sufficient legal provocation for voluntary manslaughter to acts involving
physical aggression or assault.   Kinder’s counsel attached to the brief a petition
to be relieved as counsel, stating that he had reviewed the record and concluded
this appeal lacks merit.  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
[1] Kinder’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

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