State v. Benton

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.

Marion William
Benton, Appellant.

Appeal From Sumter County

Thomas W. Cooper, Jr., Circuit Court Judge

Unpublished Opinion No.  2008-UP-023

Submitted January 2, 2008 – Filed January
10, 2008

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
Office of the Attorney General, of Columbia; and Solicitor Cecil Kelly Jackson,
of Aiken, for Respondent.

PER CURIAM: Marion
William Benton appeals his conviction for assault with intent to commit
criminal sexual conduct in the first degree, arguing the trial court erred in
admitting DNA evidence regarding the presence of his blood on Victim’s clothing
because the chain of custody for her clothing was not properly established. 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.

HUFF AND PIEPER, JJ., AND GOOLSBY, A.J., CONCUR.

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