State v. Bourgoin

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.

James L. Bourgoin, Appellant.

Appeal From Dillon County

 James E. Lockemy, Circuit Court Judge

Unpublished Opinion No. 2009-UP-187

Submitted April 1, 2009 – Filed May 5, 2009

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy
Attorney Generarl John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, all of Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for
Respondent.

PER CURIAM: James
L. Bourgoin appeals his convictions for first degree burglary, assault and
battery with intent to kill, and assault and battery of a high and aggravated
nature, for which he received sentences of imprisonment for concurrent terms of
twenty years, twenty years, and three years, respectively.  He argues the trial
judge's instruction to the jury on reasonable doubt was so confusing the jury
could have interpreted the charge as allowing a finding of guilt based on a
degree of proof below that required by the due process clause.  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.

SHORT,
THOMAS, and GEATHERS, JJ., concur.

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