State v. Richard Middleton

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.

Richard Middleton, Appellant.

Appeal From Charleston County

Thomas L. Hughston, Jr., Circuit Court
Judge

Unpublished Opinion No. 2009-Up-453

Submitted October 1, 2009 – Filed October
8, 2009   

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, 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 Scarlett Anne Wilson,
of Charleston, for Respondent.

PER CURIAM:  Richard
Middleton appeals his conviction for first-degree attempted burglary, arguing
the trial court erred in denying his motion to bifurcate the trial.  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. 

HEARN, C.J., KONDUROS and LOCKEMY, JJ, concur.

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