State v. Claypoole

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.

Kermit Deaumont Claypoole,       
Appellant.

Appeal From Lexington County

Marc H. Westbrook, Circuit Court Judge

Unpublished Opinion No. 2004-UP-645

Submitted December 1, 2004 – Filed December
21, 2004

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, Office of Appellate
Defense, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Kermit Deaumont Claypoole
appeals his conviction for four counts of criminal sexual misconduct with a
minor, arguing the trial court erred in denying his motion for directed verdict. 
In his pro se brief, Claypoole argues the trial court erred in
admitting DNA testing evidence and in denying his motion for a mistrial based
on expert testimony which asserted a legal conclusion.  After a thorough review
of the record, counsel’s brief, and Claypoole’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 Claypoole’s appeal under Rule
220(b)(2), SCACR, and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

HEARN, C.J., GOOLSBY and WILLIAMS,
JJ., concur.

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