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2008-UP-235 - State v. Jordon

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.

Chavis Jordan, Appellant.


Appeal From Chesterfield County
John M. Milling, Circuit Court Judge


Unpublished Opinion No. 2008-UP-235
Submitted April 1, 2008 – Filed April 15, 2008


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, South Carolina Commission, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM:  Chavis Jordan pled guilty to one count of voluntary manslaughter and one count of assault and battery with intent to kill.  On appeal, Jordan argues his plea was conditional and therefore invalid under South Carolina law because his counsel improperly advised him his plea was appealable.  In addition to his Anders brief, Jordan filed a separate pro se response brief raising three additional issues.  Two of those issues were not preserved for appellate review, and the third issue should be reviewed in a petition for post-conviction relief.  After a thorough review of the record, 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), and Jordan’s pro se brief, we dismiss[1] Jordan’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.