Opinion
2011-UP-574
12-20-2011
The State, Respondent, v. Curtis Ray Nealey, Appellant.
Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor William B. Rogers, Jr., of Bennettsville, for Respondent.
UNPUBLISHED OPINION
Submitted December 1, 2011
Appeal From Darlington County J. Michael Baxley, Circuit Court Judge.
Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor William B. Rogers, Jr., of Bennettsville, for Respondent.
PER CURIAM.
Curtis Ray Nealey appeals his two convictions for assault and battery with intent to kill, arguing the circuit court erred in instructing the jury that "inferred malice may also arise when the deed is done with a deadly weapon." 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.
We decide this case without oral argument pursuant to Rule 215, SCACR.
APPEAL DISMISSED.
SHORT, WILLIAMS, and GEATHERS, JJ., concur.