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2008-UP-111 - State v. Avila

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.

Luis Enrique Vargas Avila, Appellant.


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


Unpublished Opinion No. 2008-UP-111
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 Thomas E. Pope, of York, for Respondent.

PER CURIAM: Luis Enrique Vargas Avila appeals his guilty plea to trafficking cocaine in an amount more than ten grams.  On appeal, Avila maintains the plea court, 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] Avila’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HUFF, KITTREDGE, and WILLIAMS, JJ., concur.


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