State v. Binney

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Jonathan Kyle Binney,       
Appellant.

Appeal From Spartanburg County

John C. Few, Circuit Court Judge

Unpublished Opinion No. 2003-UP-239

Submitted January 29, 2003 – Filed April
1, 2003

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, of Columbia,
for Appellant.

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

PER CURIAM: Jonathan Binney appeals his
conviction for criminal sexual conduct in the first degree, arguing the trial
judge erred by refusing to give a curative instruction or grant a mistrial after
the solicitor made an alleged improper remark during closing arguments. 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] Binney’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., GOOLSBY and SHULER, JJ., concur.

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