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2008-UP-179 - State v. Thomas

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.

Mendell Thomas, Appellant.


Appeal from Aiken County
Diane Schafer Goodstein, Circuit Court Judge


Unpublished Opinion No. 2008-UP-179
Submitted March 3, 2008 – Filed March 14, 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 Salley W. Elliott, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Mendell Thomas appeals his guilty plea for causing death by operating a vehicle while under the influence of drugs or alcohol.  On appeal, Thomas contends his guilty plea failed to conform with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Specifically, Thomas argues the trial judge erred 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 Thomas’ appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

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


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