State v. Elkin

CourtListener 10154938Scctapp16 de abr. de 2008

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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.

Michael Dewayne
Elkin, Appellant.

Appeal from Lexington County

 William P. Keesley, Circuit Court Judge

Unpublished Opinion No. 2008-UP-236

Submitted April 1, 2008 – Filed April 16,
2008   

APPEAL DISMISSED

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of
Columbia; Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Michael Dewayne Elkin appeals
his conviction for criminal sexual
conduct with a minor second degree.  The trial judge sentenced him to fifteen
years imprisonment.  Elkin contends the
trial court erred in admitting his custodial statement.  Elkin’s counsel attached a petition to
be relieved, stating he reviewed the record and concluded this appeal lacks
merit.  Elkin did not file a pro se response brief.  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 Elkin’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.

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