State v. Spires

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.

Gerald Lee
Spires, Appellant.

Appeal From Lexington County

William P. Keesley, Circuit Court Judge

Unpublished Opinion No. 2011-UP-338  

Submitted June 1, 2011 – Filed June 28,
2011

APPEAL DISMISSED

Deputy Chief Appellate Defender Wanda
Carter, of Columbia, for Appellant.

Attorney General Alan M. Wilson, Chief Deputy
Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley
W. Elliott, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for
Respondent.

PER CURIAM: Gerald Lee Spires appeals his conviction for criminal
domestic violence of a high and aggravated nature, arguing the trial court
erred in denying Spires's motion for a new trial because his prosecution was
frivolous and vexatious.  After a thorough
review of the record, counsel's brief, and Spires's pro se 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
KONDUROS, JJ., concur.

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