State v. Stewart

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.

Bobby Roy
Stewart, Appellant.

Appeal From Greenville County

 John C. Few, Circuit Court Judge

Unpublished Opinion No. 2008-UP-525

Submitted September 2, 2008 – Filed
September 10, 2008   

APPEAL DISMISSED

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of Columbia, for Appellant.

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

PER CURIAM: Bobby Roy Stewart appeals his conviction and sentence
for failure to stop for a blue light.  On appeal, Stewart
maintains the trial court erred in refusing to grant him a directed verdict
because the State failed to prove the absence of mitigating circumstances.  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[1] Stewart’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

ANDERSON, WILLIAMS, and KONDUROS, JJ., concur.

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