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2004-UP-263 - State v. Phillips

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.

Tommy Phillips,        Appellant.


Appeal From Lexington County
L. Casey Manning, Circuit Court Judge


Unpublished Opinion No. 2004-UP-263
Submitted February 20, 2004 – Filed April 19, 2004


APPEAL DISMISSED


Assistant Appellate Defender Eleanor Duffy Cleary, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Tommy L. Phillips pled guilty to one count of first-degree burglary and armed robbery, and three counts of second-degree burglary.  He was sentenced to concurrent sentences of fifteen years in prison for each count of second-degree burglary and seventeen years in prison for first-degree burglary and armed robbery.  Phillips appeals, arguing his guilty plea did not comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  On appeal, counsel for Phillips has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there were no meritorious grounds for appeal and requesting permission to withdraw from further representation.  Phillips has not filed a pro se response. 

After a thorough review of the record pursuant to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

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


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