State v. Johnson

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.

Andre Johnson, Appellant.

Appeal From Spartanburg County

J. Cordell Maddox, Jr., Circuit Court
Judge

Unpublished Opinion No.  2009-UP-468

Submitted October 1, 2009 – Filed October
13, 2009 

APPEAL DISMISSED

Deputy Chief Appellate Defender 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 Harold W. Gowdy, III, of Spartanburg, for
Respondent.

PER CURIAM:  Andre
Johnson appeals his conviction for murder, arguing the trial court erred by
failing to instruct the jury that he did not have a duty to retreat if retreat
placed him in greater danger of being killed or of suffering serious bodily
injury.  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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL
DISMISSED. 

HUFF, THOMAS, and PIEPER, JJ., concur.

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