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2005-UP-048 - State v. Jennings
THE STATE OF SOUTH CAROLINA

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.

David Wayne Jennings, Appellant.


Appeal From Greenville County
Charles B. Simmons, Jr., Special Circuit Court Judge


Unpublished Opinion No.  2005-UP-048
Submitted January 1, 2005 – Filed January 19, 2005


APPEAL DISMISSED


Acting Deputy Chief Attorney Wanda P. Hagler, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  David Wayne Jennings appeals from his guilty pleas to driving under suspension and driving under the influence.  Jennings argues his pleas were not freely and voluntarily given pursuant to Boykin v. Alabama, 395 U.S. 238 (1965), because the trial judge did not adequately advise him of the sentencing consequences of the charges.  Jennings’ 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.  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] Jennings’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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


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