State v. James Elkins

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.

James Willie
Elkins, Appellant.

Appeal from Newberry County

Edward W. Miller, Circuit Court Judge

Unpublished Opinion No. 2010-UP-161

Submitted January 4, 2010 – Filed February
24, 2010   

APPEAL DISMISSED

Deputy Chief Appellate Defender Wanda H.
Carter, 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, Eighth Judicial Circuit, Jerry
W. Peace, of Greenwood, for Respondent.

PER CURIAM:  James Willie Elkins appeals his conviction for two counts of criminal
sexual conduct with a minor in the first degree.  Elkins argues the trial court
erred in "failing to determine whether the child witness was competent to
testify in the case after it became clear that said witness was apparently
under considerable stress from the events which led to the trial and the trial
itself."  Elkins's counsel attached to the brief a petition to be relieved
as counsel, stating that she had reviewed the record and concluded that the
appeal is without legal merit sufficient to warrant a new trial.  Elkins filed
a pro se brief.

After a thorough review of
the record, the pro se brief, 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.

HUFF, J.,
GEATHERS, J., and CURETON, A.J., concur.

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