State v. McFalls

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.

William Archie McFalls, Appellant.

Appeal from Greenville County

John C. Few, Circuit Court Judge

Unpublished Opinion No.  2007-UP-203

Submitted May 1, 2007 – Filed May 9, 2007   

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Dudek, 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 Robert M. Arail, of Greenville, for Respondent.

PER CURIAM:  William Archie McFalls appeals his conviction of committing a lewd act on a minor and sentence of fifteen years.  He maintains the trial court erred in failing to charge the jury that reasonable doubt could arise from a lack of evidence.  After a thorough review of the record, counsel’s brief, and McFalls’ 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] McFalls’ appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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

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