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2005-UP-473 - State v. Banks

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.

Shannon Banks,        Appellant.


Appeal from Orangeburg County
John  L.  Breeden, Circuit Court Judge


Unpublished Opinion No. 2005-UP-473
Submitted August 1, 2005 – Filed August 8, 2005  


APPEAL DISMISSED


Acting Deputy Chief Attorney Wanda P. Hagler, 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, Office of the Attorney General, of Columbia; and Solicitor David Michael Pascoe, Jr., of St. Matthews, for Respondent.

PER CURIAM:  Shannon Renee Banksappeals her conviction for exposing another person to the Human Immunodeficiency Virus (HIV) in violation of South Carolina Code section 44-29-145 (2002).  Banks’ appellate counsel has petitioned to be relieved as counsel, stating she has reviewed the record and has concluded Banks’ appeal is without merit.  The sole issue briefed by counsel concerns whether the circuit court adequately informed Banks of the possible sentencing consequences before accepting her plea, as required under Boykin v. Alabama, 395 U.S. 238 (1969).  Banks did not file a separate pro se 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.

APPEAL DISMISSED. 1

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


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