Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2005-UP-492 - State v. Millwood

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.

Heath Millwood,        Appellant.


Appeal From Union County
Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2005-UP-492
Submitted August 1, 2005 – Filed August 18, 2005  


APPEAL DISMISSED


Acting Deputy Chief Attorney Wanda H. Carter, 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. Eilliott, office of the Attorney General, of Columbia, for Respondent.

PER CURIAM:  Heath Millwood appeals after pleading guilty to assault and battery of a high and aggravated nature.  Millwood argues his plea was not made knowingly or voluntarily and thus, did not comply with the requirements of Boykin v. Alabama, 395 U.S. 238 (1969).  Pursuant to Anders v. California, 386 U.S. 738 (1967), Millwood’s counsel attached a petition to be relieved stating that she has reviewed the record and found the appeal to be without merit.  Millwood did not file a separate pro se brief.

After a thorough review of the record pursuant to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.[1]

ANDERSON, J., HUFF and WILLIAMS, JJ., concur.


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