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2004-UP-652 - State v. Dorsey

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.

Larry Dorsey,        Appellant.


Appeal From Anderson County
Alexander S. Macaulay, Circuit Court Judge


Unpublished Opinion No. 2004-UP-652
Submitted November 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, all of Columbia; and Solicitor Druanne Dykes White, of Anderson, for Respondent.

PER CURIAM:  Larry Dorsey pled guilty to assault and battery with intent to kill and possession of a weapon during a violent crime.  Dorsey 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 he reviewed the record and concluded Dorsey’s appeal was without merit.  Dorsey filed 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., GOOLSBY, and WILLIAMS, JJ., concur.


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