State v. Ferguson

THE STATE OF SOUTH CAROLINA

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.

Julian L. Ferguson, Appellant.

Appeal From Charleston County

Daniel F. Pieper, Circuit Court Judge

Unpublished Opinion No. 2006-UP-201

Submitted April 1, 2006 – Filed April 14, 2006

APPEAL DISMISSED

Acting Chief Attorney Joseph L. Savitz, III, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Office of the Attorney General, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Julian L. Ferguson appeals his convictions for two counts of murder, two counts of kidnapping, two counts of armed robbery, and conspiracy to commit armed robbery and murder.  He maintains the trial judge erred in refusing to allow defense counsel to cross-examine the State’s key witness about a provision of his plea agreement whereby the State could have required the witness to take a polygraph test, but did not.  Ferguson did not file a separate pro se brief.  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] Ferguson’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., ANDERSON, and KITTREDGE, JJ., concur.

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