State v. Portee

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.

John Henry
Portee, Jr., Appellant.

Appeal From Richland County

J. Ernest Kinard, Jr., Circuit Court
Judge

Unpublished Opinion No.  2011-UP-035 

Submitted January 1, 2011 – Filed February
1, 2011

APPEAL DISMISSED

Deputy Chief Appellate Defender Wanda H.
Carter, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, Assistant Deputy Attorney General Donald J. Zelenka, and Solicitor
Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM:  John Henry Portee appeals his
convictions for armed robbery and two counts of murder.  Portee's counsel argues
the trial court erred in issuing a confusing and misleading alibi charge. 
Portee submitted a pro se brief.  After a
thorough review of the record and both briefs 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] the appeal and grant counsel's motion to be relieved.

APPEAL
DISMISSED.

HUFF and
LOCKEMY, JJ., and GOOLSBY, A.J., concur.

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