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2008-UP-218 - State v. Martin

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.

Larry Gene Martin, Appellant.


Appeal from Horry County
 Edward B. Cottingham, Circuit Court Judge


Unpublished Opinion No.  2008-UP-218
Submitted April 1, 2008 – Filed April 7, 2008 


APPEAL DISMISSED


Deputy Chief Attorney, 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; J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Larry Gene Martin appeals his guilty plea for criminal sexual conduct with a minor in the second degree.  The trial judge sentenced him to eighteen years imprisonment.  Martin claims the trial court failed to adequate advise him regarding the waiver of his constitutional rights in violation of Boykin v. Alabama, 395 U.S. 238 (1969).  Martin’s counsel attached a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit.  Martin filed a pro se response brief.  After a thorough review of the record, counsel’s brief and Martin’s pro se 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 his 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.