State v. Morton

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.

Cheryl Dawn Morton, Appellant.

Appeal From Chester County

James R. Barber, III, Circuit Court Judge

Unpublished Opinion No.  2009-UP-447

Submitted September 1, 2009 – Filed
October 2, 2009 

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, 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 Douglas A. Barfield, Jr., of Lancaster, for
Respondent.

PER CURIAM:  Cheryl Dawn Morton appeals her conviction
for assault and battery of a high and aggravated nature.  She argues the trial
court erred in excluding relevant evidence of the victim's prior conviction for
driving under the influence.  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. 

Williams, J., Geathers, J., and Goolsby,
A.J., concur.

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