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2008-UP-117 - State v. Rice

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.

Clarence O. Rice, Jr., Appellant.


Appeal From Anderson County
 Alexander S. Macaulay, Circuit Court Judge


Unpublished Opinion No. 2008-UP-117
Submitted February 1, 2008 – Filed February 13, 2008   


APPEAL DISMISSED


David Clarence Rice, Jr., and Deputy Chief Attorney for Capital Appeals Robert M. Dudek, both 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 Christina T. Adams, of Anderson, for Respondent.

PER CURIAM: Clarence Rice, Jr. appeals his guilty pleas to felony driving under the influence causing death and leaving the scene of an accident resulting in great bodily harm or death.  On appeal, Rice 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 adequately advise him of his constitutional rights.  After a thorough review of the record, Rice’s brief, 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] Rice’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.