State v. Haltiwanger

THIS OPINION
HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN
ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Clifford Haltiwanger, Appellant.

Appeal From Richland County

James W. Johnson, Jr., Circuit Court
Judge

Unpublished Opinion No. 2010-UP-014

Submitted January 4, 2010 – Filed January
25, 2010  

APPEAL DISMISSED

Appellate Defender Lanelle Durant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and
Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM: 
Clifford Haltiwanger appeals his convictions and sentences for trafficking in
cocaine, arguing the circuit court erred in refusing to charge the jury on the
lesser included offense of possession with intent to distribute crack cocaine
because some evidence indicated the drugs did not cross the weight threshold
for trafficking.  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] Haltiwanger's appeal and grant counsel's motion to be relieved.

APPEAL
DISMISSED. 

HUFF,
A.C.J., GEATHERS, J., and CURETON, A.J., concur. 

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