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2008-UP-227 - State v. Smith, Maurice

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.

Maurice Lee Smith, Appellant.


Appeal From Florence County
 Edward B. Cottingham, Circuit Court Judge


Unpublished Opinion No. 2008-UP-227
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, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

PER CURIAM:  Maurice Lee Smith appeals his conviction and sentence for two counts of assault and battery with intent to kill.  On appeal, Smith argues his guilty plea failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969), because the trial court accepted his guilty plea without securing his waiver of his constitutional rights.  Smith did not file a separate pro se brief.  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] Smith’s appeal and grant counsel’s motion to be relieved.    

APPEAL DISMISSED.

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


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