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2005-UP-071 - State v. Bennett

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.

Roger Keith Bennett,        Appellant.


Appeal From Greenville County
Reginald I. Lloyd, Circuit Court Judge


Unpublished Opinion No. 2005-UP-071
Submitted January 1, 2005 – Filed January 26, 2005


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, 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 Robert M. Ariail, of Greenville, for Respondent.


PER CURIAM:  Roger Keith Bennett appeals his conviction for reckless homicide.  Bennett’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Bennett’s appeal lacks merit.  The sole issue briefed by counsel concerns whether the circuit court failed to comply with the mandates of Boykin v. Alabama, 395 U.S. 238 (1969) in determining whether he knowingly, voluntarily, and intelligently plead guilty.  Bennett did not file a separate pro se reply brief.

After a review of the record as required by Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss this appeal and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

HUFF, KITTREDGE, and BEATTY, JJ., concur.   


          1  We decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.