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2008-UP-149 - State v. Lopez

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.

Ardelio X. Lopez, Appellant.


Appeal From Horry County
 Thomas Russo, Circuit Court Judge


Unpublished Opinion No. 2008-UP-149
Submitted March 3, 2008 – Filed March 10, 2008  


APPEAL DISMISSED


Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM: Ardelio Lopez (Lopez) appeals his guilty plea to murder and assault and battery with intent to kill.  On appeal, Lopez maintains his guilty plea failed to conform with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Specifically, Lopez maintains the trial court abused its discretion by failing to adequately advise him of his constitutional rights.  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 Lopez’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.[1]

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


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