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2004-UP-393 - State v. O'Neal

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.

Michael O'Neal,        Appellant.


Appeal From Beaufort County
Jackson V. Gregory, Circuit Court Judge


Unpublished Opinion No. 2004-UP-393
Submitted April 21, 2004 – Filed June 21, 2004


APPEAL DISMISSED


Chief Attorney Daniel T. Stacey, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Randolph  Murdaugh, III, of Hampton, for Respondent.

PER CURIAM:  Michael O’Neal pled guilty to kidnapping and assault and battery of a high and aggravated nature.  He was sentenced to concurrent sentences of 15 years for kidnapping, provided upon the service of six years with the balance suspended upon four years probation, and 10 years for assault and battery of a high and aggravated nature.  O’Neal 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 O’Neal 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.  O’Neal 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 BEATTY, JJ., concur.


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