State v. Nealey

Full title: The State, Respondent, v. Curtis Ray Nealey, Appellant.

Court: Court of Appeals of South Carolina

Date published: Dec 20, 2011

2011-UP-574 (S.C. Ct. App. Dec. 20, 2011)

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.

PER CURIAM.

UNPUBLISHED OPINION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 ¹ the appeal and grant counsel's motion to be relieved.

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

APPEAL DISMISSED.

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