State v. Lawter

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.

Billy Ray
Lawter, Appellant.

Appeal From Spartanburg County

 Roger L. Couch, Circuit Court Judge

Unpublished Opinion No. 2008-UP-462

Submitted August 1, 2008 – Filed August 8,
2008   

APPEAL DISMISSED

Deputy Chief Attorney Wanda H. Carter, 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 Harold W. Gowdy, III, of Spartanburg, for
Respondent.

PER CURIAM: Billy Ray Lawter was tried for and convicted of
carjacking.  He was sentenced to fifteen years’ imprisonment.  Lawter appeals
his conviction, arguing the circuit court erred in denying his request for a
jury charge on larceny as a lesser included offense of carjacking.  Lawter’s
counsel attached to the final brief a petition to be relieved as counsel
pursuant to Anders v. California, 386 U.S. 738 (1967), stating she had
reviewed the record and concluded this appeal lacked merit.  After a thorough
review of the record, counsel’s brief, and Lawter’s pro se 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[1] Lawter’s appeal and grant counsel’s petition to be relieved. 

APPEAL
DISMISSED.

KONDUROS, J., CURETON,
A.J., and GOOLSBY, A.J., concur.

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