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2008-UP-300 - State v. Nelson

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.

Henry J. Nelson, Appellant.


Appeal From Richland County
 L. Casey Manning, Circuit Court Judge


Unpublished Opinion No. 2008-UP-300
Submitted June 2, 2008 – Filed June 11, 2008   


DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM: Henry Nelson appeals his guilty plea to distribution of crack, distribution of marijuana and proximity to a school involving the marijuana.  He argues his guilty plea was conditional because the judge advised him of his right to appeal. 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 Nelson’s appeal and grant counsel’s motion to be relieved.[1]

DISMISSED.

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


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