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2004-UP-444 - State v. Pope

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.

Leroy Pope, Appellant.


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


Unpublished Opinion No. 2004-UP-444
Submitted July 7, 2004 – Filed August 24, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, 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:  Leroy Pope appeals his convictions for voluntary manslaughter, two counts of assault and battery with intent to kill, and possession of a firearm during commission of a crime.  Pope argues the trial judge erred in accepting his guilty pleas because his pleas failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Pope’s counsel attached to the brief a petition to be relieved as counsel, stating that he had reviewed the record and concluded the appeal lacks merit.  Pope did not file a separate pro se brief.  After a thorough review of the record and counsel’s brief 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 dismiss [1] Pope’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.


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