State v. Brown

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.

Jason R. Brown, Appellant.

Appeal From Lexington County

 Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2008-UP-488

Submitted August 1, 2008 – Filed August
15, 2008  

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, 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:  Jason Brown appeals his three year sentence for
possession with intent to distribute crack cocaine, first offense.  Brown
argues the trial court erred in permitting the solicitor’s opening statement
because it so infected the trial with unfairness, the resulting conviction was
a denial of due process.  After a
thorough review of the record 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.

KONDUROS, J.,
CURETON, and GOOLSBY, A.J.J., concur.

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