State v. Phillip Whitaker

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.

Phillip Allen Whitaker, Appellant.

Appeal From York County

Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2010-UP-166

Submitted January 4, 2010 – Filed February
24, 2010   

APPEAL DISMISSED

Deputy Chief Appellate Defender Wanda H.
Carter, 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 Kevin S. Brackett, of York,
for Respondent.

PER CURIAM:  A jury found Phillip Allen Whitaker guilty
of assault and battery of a high and aggravated nature.  Whitaker argues the trial court erred in not allowing trial
counsel to review the victim's Department of Social Services file.  After a thorough review of the record,
counsel's brief, and pro se 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 Whitaker's appeal and grant counsel's
motion to be relieved.[1] 

APPEAL DISMISSED. 

WILLIAMS, PIEPER, and
LOCKEMY, JJ., concur.

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