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2008-UP-168 - State v. Shaw

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.

Ernest Teddy Shaw, III, Appellant.


Appeal From Orangeburg County
 James C. Williams, Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-168
Submitted March 3, 2008 – Filed March 12, 2008   


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, 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 David M. Pascoe, Jr., of Summerville, for Respondent.

PER CURIAM: Ernest Shaw appeals his guilty plea to criminal domestic violence of a high and aggravated nature.  On appeal, Shaw 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] Shaw’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., and PIEPER, J., and CURETON, A.J., concur.


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