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2008-UP-226 - State v. Smith, Gerald

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.

Gerald Randal Smith, Appellant.


Appeal from Richland County
 Clifton Newman, Circuit Court Judge
Reginald I. Lloyd, Circuit Court Judge


Unpublished Opinion No. 2008-UP-226
Submitted April 1, 2008 – Filed April 11, 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, and Assistant Deputy Attorney General Salley W. Elliott, of Columbia; and Warren B. Giese, Solicitor, of Columbia, for Respondent.

PER CURIAM:  Gerald Randal Smith pled guilty to voluntary manslaughter before Judge Newman.  At the subsequent sentencing hearing before Judge Lloyd, Smith was sentenced to twenty-seven years imprisonment. Upon reconsideration by the sentencing judge, his sentence was reduced to twenty-four years.  On appeal, Smith alleges the plea judge improperly accepted his plea because there was no factual basis for his plea.  Smith also filed a pro se brief, alleging the State violated his plea negotiations, and that Judge Lloyd’s sentence was inappropriate.  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 the 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.