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2004-UP-651 - State v. Catoe
THIS OPINION HAS NO PRECEDENTIAL VALUE

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.

Brett James Catoe,        Appellant.


Appeal From Lancaster County
Kenneth G. Goode, Circuit Court Judge


Unpublished Opinion No. 2004-UP-651
Submitted December 1, 2004 – Filed December 22, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, Office of Appellate Defense, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, of Columbia; and Solicitor John R. Justice, of Chester, for Respondent.

PER CURIAM: Brett James Catoe pled guilty to assault and battery with intent to kill and possession of a weapon during a violent crime.  Catoe argues his guilty pleas failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  His counsel attached to the final brief a petition to be relieved as counsel, stating she reviewed the record and concluded Catoe’s appeal is without merit.  Catoe did not file a pro se response. 

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 the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

HEARN, C.J., and GOOLSBY and WILLIAMS, JJ., concur.


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