State v. Garrett

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.

Johnny Lee
Garrett, Appellant.

Appeal From Sumter County

 Clifton Newman, Circuit Court Judge

Unpublished Opinion No. 2009-UP-451

Submitted September 1, 2009 – Filed
October 7, 2009   

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, 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; and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM: 
Johnny Lee Garrett appeals his conviction for criminal domestic violence of a
high and aggravated nature.  Garrett asserts the trial court erred in failing
to charge the defense of accident.  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 Garrett's
appeal and grant counsel's motion to be relieved. [1]

APPEAL
DISMISSED. 

Short, Williams,
and Geathers, J.J., concur.

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