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2008-UP-346 - State v. Kirkpatrick

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.

Travis A. Kirkpatrick, Appellant.


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


Unpublished Opinion No. 2008-UP-346
Submitted July 1, 2008 – Filed July 9, 2008   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, 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 Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: Travis A. Kirkpatrick appeals his guilty pleas for possession of marijuana, trafficking in crack cocaine, and possession of crack cocaine with intent to distribute within proximity of a public park, for which he received sentences of one year, eight years, and ten years, respectively.  He argues his guilty plea failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969). After a thorough review of the record, counsel’s brief, and Kirkpatrick’s pro se 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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED

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


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