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2008-UP-234 - State v. Beard

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.

Timothy Beard, Appellant.


Appeal From Aiken County
 Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No.   2008-UP-234
Submitted April 1, 2008 – Filed April 15, 2008


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, South Carolina Commission of Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM: Timothy Beard appeals his guilty plea to assault and battery with intent to kill and failure to stop and render aid or information at the scene of an accident with great bodily injury.  On appeal, Beard argues his guilty plea failed to conform with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Specifically, Beard asserts the trial court failed to adequately advise him of his constitutional rights so he could waive his rights knowingly and intelligently.  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] Beard’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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


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