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2005-UP-078 - State v. Canty

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.

Jerry Lewis Canty,        Appellant.


Appeal From Richland County
James C. Williams, Jr., Circuit Court Judge


Unpublished Opinion No. 2005-UP-078
Submitted February 1, 2005 – Filed February 4, 2005


APPEAL DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott;   and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Jerry Lewis Canty appeals his plea of guilty but mentally ill to simple assault and battery and second-degree burglary, arguing the circuit court erred in accepting his plea because he was not mentally competent.  Canty filed a separate pro se brief, raising several issues concerning the strength and propriety of the State’s case against him which we deem waived by his entry of a guilty plea.  After a thorough review of the record, counsel’s brief, and Canty’s pro se 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 Canty’s appeal under Rule 220(b)(2), SCACR, and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

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


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