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2007-UP-163 - State v. Lucas

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.

Leobardo Mendoza Lucas, Appellant.


Appeal From York County
 John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2007-UP-163
Submitted April 2, 2007 – Filed April 11, 2007    


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Dudek, of Columbia, Leobardo Mendoza Lucas, of Enoree, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; Thomas E. Pope, of Rock Hill, for Respondent.

PER CURIAM:  Leobardo Mendoza Lucas appeals his guilty plea to felony DUI causing death and sentence of ten years in prison.  His counsel contends the plea failed to conform to the mandates of Boykin v. Alabama, 395 U.S. 238 (1969).  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[1] Lucas’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HUFF, BEATTY, and WILLIAMS, JJ., concur.


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