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2005-UP-475 - State v. Morgan

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.

Jonathan Lee Morgan,        Appellant.


Appeal From Darlington County
John M. Milling, Circuit Court Judge


Unpublished Opinion No. 2005-UP-475
Submitted August 1, 2005 -  Filed August 8, 2005   


APPEAL DISMISSED


Acting Chief Attorney Joseph L. Savitz III, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM:  Jonathan Lee Morgan appeals his guilty plea to voluntary manslaughter, destruction of human remains, and possession of a firearm during the commission of a violent crime.  Morgan argues the trial judge rendered Morgan’s guilty plea conditional by advising him he had a right to appeal within ten days of sentencing.  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 Morgan’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

HUFF and WILLIAMS, JJ., and CURETON, A.J. concur.


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