State v. Tapp

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.

Phillip Tapp, Appellant.

Appeal From Spartanburg County

J. Derham Cole, Circuit Court Judge

Unpublished Opinion No.  2012-UP-083

Submitted February 1, 2012 – Filed
February 22, 2012 

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 Barry Barnette, of Spartanburg, for
Respondent.

PER CURIAM:  Phillip Tapp appeals his convictions for two counts of
murder and one count of armed robbery, arguing the circuit court committed
reversible error by instructing the jury that Tapp had a duty to retreat before
acting in 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. 

FEW, C.J., HUFF and SHORT,
JJ., concur.

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