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2008-UP-036 - State v. Lasenby

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.

Robert B. Lasenby, Jr., Appellant.


Appeal From Aiken County
 Alison Renee Lee, Circuit Court Judge


Unpublished Opinion No. 2008-UP-036
Submitted January 1, 2008 – Filed January 11, 2008   


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 Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Robert B. Lasenby, Jr. pled guilty to assault with intent to kill (AWIK) for which he received seven years jail time.  Lasenby argues the trial judge improperly accepted his plea because the State’s evidence did not establish the requisite mental state for AWIK.  Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel attached a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit.  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 Lasenby’s appeal and grant counsel’s motion to be relieved.[1] 

APPEAL DISMISSED.

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


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