State v. Tucker

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.

Billy Shane
Tucker, Appellant.

Appeal From Anderson County

 Alexander S. Macaulay, Circuit Court
Judge

Unpublished Opinion No. 2008-UP-622

Submitted November 3, 2008 – Filed
November 12, 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 Donald J. Zelenka, all of Columbia; Solicitor Christina Theos Adams, of Anderson, for
Respondent.

PER CURIAM: Billy Shane Tucker appeals his convictions for murder,
assault and battery with intent to kill, and possession of a weapon during the
commission of a violent crime, for which Tucker received consecutive sentences
of life imprisonment, twenty years, and five years, respectively.  Tucker
argues the trial court lacked subject matter jurisdiction to try him because
the indictment purported to have been presented to the court of general
sessions on a date the court did not convene. 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.

WILLIAMS, PIEPER, and GEATHERS, JJ., concur.

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