State v. Beaton

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.

Vincent J.
Beaton, Appellant.

Appeal From Charleston County

R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No. 2009-UP-097

Submitted February 2, 2009 – Filed
February 24, 2009   

APPEAL DISMISSED

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of
Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all
of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Vincent J. Beaton appeals his murder conviction and sentence
of forty years' imprisonment.  Beaton's counsel argues the trial court erred by
admitting evidence of Beaton's prior bad act, maintaining it was inadmissible
under Rule 403, SCRE.  Beaton filed a pro se brief arguing the trial court
erred by subjecting him to double jeopardy because his first trial ended in a
mistrial.  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 Beaton's appeal and grant counsel's motion to be relieved. [1]

APPEAL
DISMISSED. 

SHORT,
THOMAS, and GEATHERS, JJ., concur.

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