State v. Mosteller

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.

James M. Mosteller, Sr., Appellant.

Appeal From Anderson County

 J. C. Buddy Nicholson, Jr., Circuit Court Judge

Unpublished Opinion No. 2008-UP-242

Submitted April 1, 2008 – Filed April 18, 2008   

APPEAL DISMISSED

Appellate Defender Aileen P. Clare, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, all of Columbia;  and Solicitor Christina Theos Adams, of Anderson,
for Respondent.

PER
CURIAM:  James Mosteller, Sr., pled guilty to assault and battery of a high
and aggravated nature (ABHAN) and was convicted of attempted armed robbery.  He
was sentenced to ten years in prison for ABHAN and twelve years, to be served
concurrently, for attempted armed robbery.  Mosteller appeals his conviction
for attempted armed robbery.  Mosteller’s counsel maintains the trial court
erred in failing to direct a verdict in Mosteller’s favor due to insufficient
evidence.  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] Mosteller’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN,
C.J., and PIEPER, J., and CURETON, A.J., concur.

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