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2008-UP-137 - State v. Mims

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.

Derek Mims, Appellant.


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


Unpublished Opinion No. 2008-UP-137
Submitted March 3, 2008 – Filed March 4, 2008   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Salley W. Elliot, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Derek Mims appeals his guilty plea for obtaining signature or property by false pretenses over $1,000 but less than $5,000.  The trial judge sentenced him to thirty months suspended upon the previous service of two days and three years probation.  Mims claims he was not made aware of the consequences of his guilty plea so that the acceptance of his plea by the trial judge was error.  Mims’ counsel attached a petition to be relieved, stating counsel reviewed the record and concluded this appeal lacks merit.  Mims did not file a pro se brief.  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 Mims’ appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

ANDERSON, SHORT, and THOMAS, JJ., concur.


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