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2008-UP-237 - State v. Beaney

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.

Steven Beaney, Appellant.


Appeal From Spartanburg County
 J. Mark Hayes, II, Circuit Court Judge


Unpublished Opinion No. 2008-UP-237
Submitted April 1, 2008 – Filed April 16, 2008   


APPEAL DISMISSED


Appellate Defender Lanelle C. Durant, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Steven Beaney appeals his guilty plea to assault and battery of a high and aggravated nature.  On appeal, Beaney argues the trial judge erred by not addressing his request to plead guilty under North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160 (1970).  Specifically, Beaney asserts the trial judge failed to expressly and specifically accept Beaney’s plea as an Alford plea.  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] Beaney’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

ANDERSON, SHORT, and THOMAS JJ., concur.


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