State v. Simpson

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.

Jonathon
Simpson, Appellant.

Appeal From Cherokee County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2009-UP-436

Submitted September 1, 2009 – Filed
September 10, 2009   

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Jonathon
Simpson appeals his conviction and sentence for armed robbery, arguing the
trial judge erred in failing to conclude the State violated Batson v.
Kentucky, 476 U.S. 79 (1986), when it struck two African Americans during
jury selection.  After a
thorough review of the record, counsel's brief, and Simpson'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.

HUFF, THOMAS, and PIEPER,
JJ., concur.

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