State v. Toland

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.

David J. Toland, Appellant.

Appeal From Greenville County

Edward W. Miller, Circuit Court Judge

Unpublished Opinion No.  2012-UP-122 

Submitted February 1, 2012 – Filed
February 29, 2012

APPEAL DISMISSED

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

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley
W. Elliott, all of Columbia; and Solicitor W. Walter Wilkins, of Greenville,
for Respondent.

PER CURIAM:  David J. Toland appeals his conviction for attempted burglary,
arguing the circuit court erred in denying his motion for a directed verdict because
the State failed to prove beyond a reasonable doubt he intended to commit
burglary.  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.

PIEPER,
KONDUROS, and GEATHERS, JJ., concur.

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