State v. Sanders

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.

Calvin L. Sanders, Appellant.

Appeal From Marion County

 J. Mark Hayes, II, Circuit Court Judge

Unpublished Opinion No. 2007-UP-290

Submitted June 1, 2007 – Filed June 7,
2007

APPEAL DISMISSED

Deputy Chief Attorney for Capital Appeals 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 Edgar Lewis Clements, III, of Florence, for
Respondent.

PER CURIAM:  Calvin Sanders appeals his conviction for
conspiracy.  He contends the trial court erred by not using his proposed charge
on conspiracy and by not instructing the jury on “mere presence.”  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] Sanders’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., KITTREDGE,
J., and CURETON, A.J., concur.

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