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2008-UP-159 - State v. Davis

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.

Thomas Jefferson Davis, Appellant.


Appeal From Sumter County
 Howard P. King, Circuit Court Judge


Unpublished Opinion No.  2008-UP-159
Submitted March 3, 2008 – Filed March 12, 2008


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, South Carolina Commission of Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM: Thomas Jefferson Davis appeals his guilty plea to two counts of possession of crack cocaine with intent to distribute, two counts of possession of crack cocaine with intent to distribute within proximity of a school, nine counts of receiving stolen goods, and one count each of possession of cocaine, failure to stop for a blue light, and shoplifting.  On appeal, Davis 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] Davis’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.