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2008-UP-301 - State v. Pendergrass

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.

Lamario Pendergrass, Appellant.


Appeal From York County
Jackson V. Gregory, Circuit Court Judge


Unpublished Opinion No. 2008-UP-301
Submitted June 2, 2008 – Filed June 11, 2008   


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 Thomas E. Pope, of York, for Respondent.

PER CURIAM: Lamario Pendergrass appeals his guilty plea to failure to stop for a blue light, possession with intent to distribute crack cocaine, possession with intent to distribute crack cocaine within the proximity of a park, simple possession of marijuana, and resisting arrest.  He argues the brevity of his waiver of rights colloquy rendered it inadequate to satisfy the requirements of Boykin v. Alabama, 395 U.S. 238 (1969).  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 Pendergrass’ 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.