State v. Lynch

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.

David Roy
Lynch, a/k/a Roy David McDowell, Appellant.

Appeal From Spartanburg County

J. Derham Cole, Circuit Court Judge

Unpublished Opinion No.  2011-UP-251 

Submitted May 1, 2011 – Filed May 24, 2011

APPEAL DISMISSED

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

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald
J. Zelenka, all of Columbia; and Solicitor Harold W. Gowdy, III, of
Spartanburg, for Respondent.

PER CURIAM: David Roy Lynch, a/k/a Roy David
McDowell, appeals his convictions and sentences for murder, armed robbery, and
assault and battery with intent to kill, arguing the trial court erred in charging the jury on multiple evidentiary inferences
of malice where the State proceeded on a theory of accomplice liability and
Lynch defended with mere presence.  After thoroughly reviewing the record and briefs 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] Lynch's appeal and grant counsel's petition to be relieved. 

APPEAL
DISMISSED. 

FEW, C.J., and
CURETON and GOOLSBY, A.JJ., concur. 

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