State v. Kelly

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.

Albert Kelly, Appellant.

Appeal From Greenville County

 G. Edward Welmaker, Circuit Court Judge

Unpublished Opinion No. 2008-UP-530

Submitted September 2, 2008 – Filed
September 11, 2008   

APPEAL DISMISSED

Appellate Defender Joseph L. Savitz, III, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Donald J.
Zelenka, all of Columbia; and Solicitor Robert M. Arial, of Greenville, for
Respondent.

PER CURIAM: 
Kelly was tried and convicted of murder,
armed robbery, and possession of a firearm during the commission of a violent
crime.  On appeal, Kelly’s counsel argues the trial court erred by
failing to instruct the jury on the defense of alibi.  Kelly also filed a pro se brief.  After a thorough review of the record and briefs 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.

HEARN, C.J., HUFF and GEATHERS, JJ., concur.

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