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2007-UP-504 - State v. Perella

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.

David Perella, Appellant.


Appeal From Spartanburg County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2007-UP-504
Submitted October 1, 2007 – Filed October 30, 2007   


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  David Perella appeals his guilty pleas for:  (1) trafficking in methamphetamines 28-100 grams, second offense; (2) manufacturing methamphetamines, third offense; (3) possession of crack cocaine, third offense; (4) trafficking in methamphetamines 28-100 grams, second offense; (5) possession of a weapon during the commission of a violent crime; (6) possession of a stolen pistol; (7) possession of Klonopin, third offense; (8) possession of Percocet, third offense; (9) possession of Xanax, third offense; (10) possession of Hydrocodone and Acetaminophen; and (11) possession of marijuana, third offense.  Perella asserts his guilty plea was invalid because the trial judge informed him of his right to an appeal, rendering the plea conditional.  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] Perella’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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


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