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2008-UP-077 - State v. Carlson

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.

Jeffrey Sheldon Carlson, Appellant.


Appeal From Lexington County
 Kenneth G. Goode, Circuit Court Judge


Unpublished Opinion No.  2008-UP-077
Submitted February 1, 2008 – Filed February 6, 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, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: Jeffery Sheldon Carlson appeals his guilty plea to second-degree criminal sexual conduct with a minor.  On appeal, Carlson maintains his guilty plea failed to conform with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Specifically, Carlson maintains the trial court abused its discretion by failing to adequately advise him of his constitutional rights.  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] Carlson’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., and PIEPER, J., and CURETON, A.J., concur.


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