State v. Franklin

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.

Kevin Lamont Franklin, Jr., Appellant.

Appeal From Richland County

G. Thomas Cooper, Jr., Circuit Court Judge

Unpublished Opinion No.   2009-UP-443

Submitted September 1, 2009 – Filed
October 1, 2009

APPEAL DISMISSED

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliot, and
Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM:  Kevin
Lamont Franklin, Jr. appeals his conviction for first-degree criminal sexual
conduct with a minor, arguing the trial court erred by allowing the State to
present evidence that constituted a variance of proof from the allegations in
the indictment.  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. 

SHORT,
WILLIAMS, and GEATHERS, JJ., concur.

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