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2008-UP-108 - State v. Barnes

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.

Leon Barnes, Appellant.


Appeal From Lexington County
 William P. Keesley, Circuit Court Judge


Unpublished Opinion No.  2008-UP-108
Submitted February 1, 2008 – Filed February 12, 2008


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, South Carolina Commission of Indigent 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: Leon Barnes appeals his guilty plea to shoplifting, third or subsequent offense.  On appeal, Barnes maintains defense counsel, by advising him of his right to appeal, rendered his plea conditional, and therefore, invalid under our jurisprudence.  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] Barnes’ 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.