State v. Green

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.

Latorey Green, Appellant.

Appeal From Sumter County

 Thomas W. Cooper, Jr., Circuit Court
Judge

Unpublished Opinion No.  2008-UP-095

Submitted February 1, 2008 – Filed
February 11, 2008

APPEAL DISMISSED

Appellate Defender Robert M. Dudek, South Carolina Commission, of Columbia, for Appellant. 

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka,
Office of the Attorney General, all of Columbia:  and Cecil Kelly Jackson, of
Sumter, for Respondent. 

PER CURIAM:  A jury convicted Latorey
Green of murder and possession of a weapon during a violent crime.  The trial
judge sentenced him to life imprisonment for the murder conviction and five years
imprisonment for the weapon conviction.  Green argues the trial judge erred in
refusing to grant his motion for a mistrial because prejudicial DNA evidence
insinuated he was a rapist.  Pursuant to Anders
v. California, 386 U.S. 738 (1967), counsel attached a petition to be
relieved, stating he reviewed the record and concluded this appeal lacks
merit.  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 Green’s appeal and grant counsel’s motion to be relieved.[1] 

APPEAL DISMISSED.

ANDERSON,
SHORT, and THOMAS, JJ., concur.

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