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2004-UP-450 - State v. Allen

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.

Torrance Bernard Allen, Appellant.


Appeal From Cherokee County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2004-UP-450
Submitted July 7, 2004 – Filed August 25, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Torrance Bernard Allen pled guilty to distribution of crack cocaine and distribution of crack cocaine within one-half mile of a school or park.  Allen appeals, arguing his guilty plea did not comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Allen’s counsel attached to the brief a petition to be relieved as counsel, stating that she had reviewed the record and concluded this appeal lacks merit.  Allen did not file a separate pro se brief. 

After a thorough review of the record 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] the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

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


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