State v. McFadden

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.

Carlton McFadden, Appellant.

Appeal From Williamsburg County

George C. James, Jr., Circuit Court Judge

Unpublished Opinion No. 2012-UP-144

Submitted February 1, 2012 – Filed
February 29, 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 Salley
W. Elliott, all of Columbia; and Solicitor Ernest A. Finney, III, of Sumter,
for Respondent.

PER CURIAM:  Carlton McFadden appeals his convictions for voluntary
manslaughter and possession of a firearm during the commission of a violent
crime, arguing the circuit court erred in charging the jury on the law of
voluntary manslaughter when no evidence of heat of passion existed.  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. 

PIEPER,
KONDUROS, and GEATHERS, JJ., concur.

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