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2007-UP-489 - State v. Busby

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.

Perry Busby Appellant.


Appeal From Aiken County
Jackson V. Gregory, Circuit Court Judge


Unpublished Opinion No. 2007-UP-489
Submitted October 1, 2007 – Filed October 15, 2007


APPEAL DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Perry Busby appeals his guilty plea for breach of trust and sentence of nine months imprisonment, arguing the trial court failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969), in accepting his plea. 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] Busby’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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


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