State v. Austin

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.

Danny F. Austin, Appellant.

Appeal From Greenville County

Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No.   2009-UP-445

Submitted September 1,2009 – Filed October
2, 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. Elliot,
all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Danny
F. Austin appeals his conviction for assault with intent to commit criminal
sexual conduct with a minor, second degree, arguing the trial court erred by
refusing to direct a motion of acquittal.  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. 

SHORT,
WILLIAMS, and GEATHERS, JJ., concur.

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