State v. Hawkins

THIS OPINION
HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Allan Lee Hawkins, Appellant.

Appeal From Greenville County

  Deadra L. Jefferson, Circuit Court Judge

Unpublished Opinion No. 2010-UP-065

Submitted January 4, 2010 – Filed January
28, 2010   

APPEAL DISMISSED

Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Donald J.
Zelenka, all of Columbia; Solicitor Robert Mills Ariail, of Greenville, for
Respondent.

PER CURIAM: Allan
Hawkins appeals his concurrent sentences of thirty years, ten years, and five
years for murder, armed robbery, and possession of a firearm during the
commission of a violent crime, respectively.  Hawkins contends the trial court
erred by refusing to instruct the jury specifically that the use of a weapon
does not automatically preclude self-defense.  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 the appeal and
grant counsel's motion to be relieved.[1]

APPEAL
DISMISSED.

SHORT, THOMAS,
and KONDUROS, JJ., concur.

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