State v. McClain

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.

Steven McClain, Appellant.

Appeal From Lee County

 Howard P. King, Circuit Court Judge

Unpublished Opinion No.  2008-UP-529

Submitted September 2, 2008 – Filed
September 11, 2008

APPEAL DISMISSED

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, South Carolina Commission on Indigent 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 Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  A
jury found Steven McClain guilty of armed robbery and possession of a firearm
during the commission of a violent crime.  McClain
argues the trial judge erred in sentencing him to life without parole because the
State failed to comply with statutory written notice requirements.  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
McClain’s appeal and grant counsel’s motion to be relieved.[1] 

APPEAL DISMISSED.

ANDERSON, WILLIAMS, and KONDUROS, JJ., concur.

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