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2008-UP-024 - State v. Kelley

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.

Jeremy Kelley, Appellant.


Appeal From Aiken County
 L. Casey Manning, Circuit Court Judge


Unpublished Opinion No.  2008-UP-024
Submitted January 2, 2008 – Filed January 10, 2008


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, South Carolina Commission of Indigent Defense, Division 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. Elliott, Office of the Attorney General, of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Jeremy Kelley appeals his sentence of fifteen years imprisonment for five counts of second-degree burglary and four counts of grand larceny.  On appeal, Kelley maintains the trial court, by advising him of his right to appeal, rendered his plea conditional and, therefore, invalid.  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 Kelley’s appeal and grant counsel’s motion to be relieved. 

APPEAL DISMISSED.[1]   

ANDERSON, SHORT, and WILLIAMS, JJ,. concur. 


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