State v. Goins

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.

David Allen
Goins, Appellant.

Appeal From Fairfield County

Clifton Newman, Circuit Court Judge

Unpublished Opinion No.  2012-UP-331

Submitted May 1, 2012 – Filed May 30, 2012

APPEAL DISMISSED

Appellate Defender Tristan M. Shaffer, of
Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley
W. Elliott, and Assistant Deputy Attorney General Donald J. Zelenka, all of
Columbia; and Solicitor Douglas A. Barfield Jr., of Lancaster, for Respondent.

PER CURIAM:  David
Allen Goins appeals his convictions of murder and assault and battery with
intent to kill, arguing the circuit court erred in failing to charge the jury
on the lesser-included offenses of voluntary and involuntary manslaughter and
that the State improperly argued in its closing that the law allows a jury to
find malice from the use of a deadly weapon.  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.

PIEPER, KONDUROS, and
GEATHERS, JJ., concur.

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