State v. Ross

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.

Cedric Ross, Appellant.

Appeal From Aiken County

  Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2008-UP-438

Submitted August 1, 2008 – Filed August 6,
2008 

APPEAL DISMISSED

Chief Appellate Defender Joseph L. Savitz, III, 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 Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM: Cedric Ross appeals his conviction and sentence for simple possession of crack
cocaine.  He argues the trial court erred in denying his motion for a new trial
because the jury improperly convicted him of both the greater and the lesser-included
offenses.  Specifically, Ross asserts the jury instructions were confusing, as
indicated by the jury’s inability to follow the instructions properly.  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[1] Ross’s appeal and grant counsel’s motion 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.