State v. Perkins

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.

Tommy J.
Perkins, Appellant.

Appeal From Lexington County

R. Knox McMahon, Circuit Court Judge

Unpublished Opinion No. 2009-UP-427

Submitted September 1, 2009 – Filed
September 8, 2009   

APPEAL DISMISSED

Appellate Defender M. Celia Robinson, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: Tommy J.
Perkins appeals his conviction and sentence for burglary in the first degree, arguing
the trial court erred in failing to grant to directed verdict because the State
did not establish he burgled a "dwelling."  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. 

HEARN,
C.J., and KONDUROS and LOCKEMY, JJ., concur. 

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