State v. McKelvey

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.

Jermaine T. McKelvey, Appellant.

Appeal From Berkeley County

R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No. 2012-UP-169

Submitted February 1, 2012 – Filed March
7, 2012   

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, 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 Scarlett Anne Wilson, of Charleston,
for Respondent.

PER CURIAM: Jermaine
T. McKelvey appeals his convictions for assault and battery with intent to
kill, possession of a firearm during the commission of a violent crime, armed
robbery, and possession of cocaine base, arguing the trial court erred by
improperly instructing the jury that malice may be inferred from the use of a
deadly weapon.  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, THOMAS, and LOCKEMY,
JJ., concur.

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