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2004-UP-163 - State v. Higgins

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.

James Higgins,        Appellant.


Appeal From Spartanburg County
John C. Few, Circuit Court Judge


Unpublished Opinion No.  2004-UP-163
Submitted January 29, 2004 – Filed March 15, 2004


APPEAL DISMISSED


Chief Attorney Daniel T. Stacey, Office of Appellate Defense, of Columbia, for Appellant.

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

PER CURIAM:  James Higgins appeals his convictions for kidnapping, armed robbery, common law robbery, and possession of a stolen vehicle.  Higgins’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Higgins’s appeal is without merit.  The issue briefed by counsel concerns whether Higgins, in pleading guilty as charged, understood the facts in relationship to the applicable law as required by Boykin v. Alabama. [1]   Higgins has not filed a brief with this court on his own behalf.

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 in this case that are arguable on their merits.  Accordingly, we dismiss Higgins’s appeal and grant counsel’s petition to be relieved. [2]

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.


[1]   395 U.S. 238 (1969).

[2]   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.