State v. Albert Spann

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.

Albert Spann, Appellant.

Appeal From Aiken County

J. Ernest Kinard, Jr., Circuit Court
Judge

Unpublished Opinion No. 2010-UP-198

Submitted March 1, 2010 – Filed March 12,
2010   

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W.
Elliott, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for
Respondent.

PER CURIAM:  Albert Spann appeals his convictions for
armed robbery and grand larceny, arguing that the trial judge's charge on
reasonable doubt diluted the standard of proof a jury needs to use in properly
determining guilt.  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] the appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

HUFF,
THOMAS, and KONDUROS, JJ., concur.

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