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2008-UP-079 - State v. Floyd

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.

Timothy A. Floyd, Appellant.


Appeal From York County
 Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2008-UP-079
Submitted February 1, 2008 – Filed February 6, 2008


APPEAL DISMISSED


Appellate Defender Eleanor D. 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 Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: Timothy Floyd appeals his guilty pleas to possession with intent to distribute crack cocaine and possession of marijuana.  On appeal, Floyd maintains his guilty pleas failed to conform with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969), because the plea court failed to advise him of his right to confront and cross-examine witnesses against him.  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] Floyd’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

ANDERSON, SHORT and THOMAS, JJ., concur.


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