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2004-UP-167 - State v. Kirwan
THE STATE OF SOUTH CAROLINA

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.

Duane Thomas Kirwan,                              Appellant.


Appeal From York County
Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2004-UP-167
Submitted January 29, 2004 – Filed March 15, 2004


APPEAL DISMISSED


Assistant Appellate Defender Eleanor Duffy Cleary, of SC Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor Thomas E. Pope, of York, for Respondent.

PER CURIAM: Duane Thomas Kirwan appeals his guilty pleas to entering a bank with intent to steal and strong-arm robbery.  Kirwan argues his guilty pleas failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  His counsel attached to the final brief a petition to be relieved as counsel, stating she had reviewed the record and concluded Kirwan’s appeal was without merit.  Kirwan has not filed a pro se brief.

After a thorough review of the record on appeal 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 grant counsel’s petition and dismiss the appeal. [1]

APPEAL DISMISSED.

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


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