State v. Smith

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.

Paul A. Smith,       
Appellant.

Appeal From Lexington County

James R. Barber, Circuit Court Judge

Unpublished Opinion No. 2004-UP-401

Submitted April 21, 2004 – Filed June
22, 2004

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Dudek, of Columbia,
for Appellant.

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

PER CURIAM:  Paul A. Smith was tried and
convicted of voluntary manslaughter.  He was sentenced to life without parole,
per the two strikes law.  Smith appeals, arguing the judge erred by instructing
the jury on voluntary manslaughter when Smith’s testimony showed he was acting
in self-defense and there was no evidence that Smith killed the decedent in
the heat of passion upon a sufficient legal provocation.  On appeal, counsel
for Smith has filed a brief pursuant to Anders v. California, 386 U.S.
738 (1967), asserting that there were no meritorious grounds for appeal and
requesting permission to withdraw from further representation.  Smith filed
a pro se response.

After a thorough review of the record pursuant
to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357
(1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and BEATTY, JJ., concur.

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