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2004-UP-446 - State v. Cathcart

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.

Jarmise Lamar Cathcart, Appellant.


Appeal From York County
 John C. Hayes III, Circuit Court Judge


Unpublished Opinion No. 2004-UP-446
Submitted July 7, 2004 – Filed August 25, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, of the Office of Appellate Defense, 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 Thomas E. Pope, of York, for Respondent.


PER CURIAM:  Jarmise Lamar Cathcart pled guilty to grand larceny, failure to stop for a law enforcement vehicle, and possession of a stolen vehicle.  He was sentenced to concurrent sentences of six years on the possession of a stolen vehicle and grand larceny charges, and three years for the failure to stop for a law enforcement vehicle charge.  Cathcart appeals, arguing his guilty plea did not comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969). 

Pursuant to Anders v. California, 386 U.S. 738 (1967), Cathcart’s counsel attached a petition to be relieved, stating she has reviewed the record and concluded the appeal lacks merit.  Cathcart filed a pro se response which we have considered.  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]

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


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