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2004-UP-085 - State v. Morgan

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Calvin Todd Morgan,        Appellant.


Appeal From Cherokee County
J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2004-UP-085
Submitted December 23, 2003 – Filed February 12, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak,, of Columbia for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Calvin Todd Morgan appeals from his guilty plea to one count of assault and battery with intent to kill (ABWIK).  Morgan’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Morgan’s appeal is without merit.  The sole issue briefed by counsel concerns whether the circuit court erred in in accepting his guilty plea, arguing it was not freely and voluntarily given.  In a separate pro se brief, Derrick argues his trial counsel represented him under a conflict of interest. 

After a review of the record as required by Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss Morgan’s appeal and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur


          1  Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.