State v. Smalls

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.

Clayton Smalls, Appellant.

Appeal From Charleston County

Daniel F. Pieper, Circuit Court Judge

Unpublished Opinion No. 2008-UP-576

Submitted October 1, 2008 – Filed October
14, 2008  

APPEAL DISMISSED

Appellate Defender Joseph L. Savitz, III, South Carolina
Commission on Indigent Defense, Division 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,
Office of the Attorney General, all of Columbia; and Solicitor Scarlett Anne
Wilson, of Charleston, for Respondent.

PER CURIAM:  Clayton Smalls appeals his conviction of armed
robbery, possession of a firearm during the commission of a violent crime, and
possession of a firearm by someone under twenty-one.  He was sentenced to
concurrent sentences of fifteen years, five years, and five years,
respectively.  Smalls argues the trial court erred by failing to instruct the
jury on the defense of alibi.  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 Smalls’ 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.