State v. Earley

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.

Thomas Wayne
Earley, Jr., Appellant.

Appeal From Spartanburg County

 Edward W. Miller, Circuit Court Judge

Unpublished Opinion No. 2008-UP-626

Submitted November 3, 2008 – Filed
November 12, 2008  

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of
Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER
CURIAM:  Thomas Wayne Earley appeals
his ninety-day sentence for pointing and presenting a firearm.  Earley argues
the trial judge erred in failing to instruct the jury to disregard improper
character evidence.  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.

ANDERSON, HUFF, and THOMAS, JJ., concur.

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