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.

Rodney Nash, Appellant.


Appeal From Spartanburg County
Thomas Anthony Russo, Circuit Court Judge


Unpublished Opinion No. 2010-UP-176
Submitted January 4, 2010 – Filed March 1, 2010  


APPEAL DISMISSED


Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Rodney Nash was convicted of murder and possession of a firearm during the commission of a violent crime. Nash appeals arguing the trial court erred in failing to instruct the jury on the defense of alibi and admitting evidence without a proper foundation.  Nash also filed a pro se brief.  After a thorough review of the record and both briefs 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 Nash's appeal and grant counsel's motion [1] 

APPEAL DISMISSED.

WILLIAMS, PIEPER, and LOCKEMY, JJ., concur. 


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