State v. Johnson

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.

Anthony Jesus Johnson Appellant.

Appeal From Greenville County

C. Victor Pyle, Jr., Circuit Court Judge

Unpublished Opinion No. 2008-UP-042

Submitted January 2, 2008 – Filed January 11, 2008  

APPEAL DISMISSED

Chief
Attorney Joseph L. Savitz, III, South Carolina Commission on Indigent Defense,
of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Donald J.
Zelenka, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for
Respondent.

PER
CURIAM:  Anthony Jesus
Johnson appeals his convictions for murder and assault and battery with intent
to kill and sentence of life imprisonment plus ten years.  He contends the trial
court erred in failing to instruct the jury on the lesser-included offense of
voluntary manslaughter.  After a thorough
review of the record 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[1] Johnson’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

Anderson, Short and Williams, JJ., concur.

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