State v. Scott, Gregory

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.

Gregory Nathaniel Scott, Jr., Appellant.

Appeal From Spartanburg County

Paul M. Burch, Circuit Court Judge

Unpublished Opinion No.  2010-UP-491

Submitted November 1, 2010 – Filed
November 4, 2010

Withdrawn, Substituted and Refiled January
24, 2011  

APPEAL DISMISSED

Senior Appellate Defender Joseph L.
Savitz, III, of Columbia, and Gregory N. Scott Jr., pro se, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J.
Zelenka, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg,
for Respondent.

PER CURIAM:  Gregory
N. Scott, Jr. appeals his convictions for murder and first-degree lynching,
arguing the trial court erred in instructing the jury on implied malice.  After a thorough review of the record, counsel's brief,
and Scott's pro se 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.

THOMAS, PIEPER, and
GEATHERS, JJ., concur.   

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