State v. Forrest

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,

v.

Joshua Lamar Forrest, Appellant.

Appeal From Aiken County

Michael G. Nettles, Circuit Court Judge

Unpublished Opinion No. 2011-UP-254

Submitted May 1, 2011 – Filed June 1,
2011   

APPEAL DISMISSED

Appellate
Defender Joseph 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, for Respondent.

PER
CURIAM:  Joshua
Lamar Forrest appeals his convictions for murder and possession of a weapon
during the commission of a violent crime, arguing the trial court erred by
instructing the jury that malice could arise when the deed is done with a
deadly weapon.  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. 

FEW,
C.J., KONDUROS, J., and CURETON, A.J., concur. 

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