State v. Maynor

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.

Billy Ray
Maynor, Appellant.

Appeal from Spartanburg County

 Roger L. Couch, Circuit Court Judge

Unpublished Opinion No.  2008-UP-520

Submitted September 2, 2008 – Filed
September 9, 2008

APPEAL DISMISSED

Robert M. Dudek, Deputy Chief Attorney for Capital Appeals, South
Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia,
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W.
Elliot, all of the Office of the Attorney General, of Columbia; and Solicitor Harold
W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: 
Billy Ray Maynor was convicted of trafficking
in methamphetamine, more than one hundred grams, but less than two hundred
grams.  Maynor’s counsel argues the trial court erred by refusing to give the
requested charge on mere presence.  Maynor also filed a pro se brief.  After a thorough
review of the record, counsel’s brief, and Maynor’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.

SHORT,
THOMAS, and PIEPER, JJ., concur.

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