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2008-UP-348 - State v. Howard

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.

James Howard, Appellant.


Appeal From Beaufort
 Carmen T. Mullen, Circuit Court Judge


Unpublished Opinion No. 2008-UP-348
Submitted July 1, 2008 – Filed July 9, 2008   


APPEAL DISMISSED


Appellate Defender Lanelle C. Durant, 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 Issac McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM: James Howard appeals from his guilty plea for two counts of assault on a correctional officer, one count of throwing bodily fluids, and one count of simple assault and battery.  On appeal, Howard 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 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 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.