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2008-UP-097 - State v. Allison

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.

Bobby Wayne Allison, Appellant.


Appeal From Spartanburg County
 John C. Few, Circuit Court Judge


Unpublished Opinion No.  2008-UP-097
Submitted February 1, 2008 – Filed February 11, 2008


APPEAL DISMISSED


Appellate Defender Aileen P. Clare, South Carolina Commission on Indigent Defense, of Columbia, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Bobby Wayne Allison appeals his guilty plea to first-degree burglary.  On appeal, Allison maintains his guilty plea failed to conform with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Specifically, Allison maintains the trial court abused its discretion by accepting his guilty plea when he was hesitant to waive his right to a jury trial.  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] Allison’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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


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