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2008-UP-217 - State v. Perry

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.

Tyrone Perry, Appellant.


Appeal from Spartanburg County
 J. Cordell Maddox Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-217
Submitted April 1, 2008 – Filed April 7, 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; Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Tyrone Perry appeals his conviction and sentence for murder.  On appeal Perry argues his guilty plea did not comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969), because he was not properly advised regarding his waiver of constitutional rights.  Perry filed a letter in response to the Anders brief.  After a thorough review of the record, Perry’s response, 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 Perry’s 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.