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2008-UP-358 - State v. Barr

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.

Darrell Barr, Appellant.


Appeal From Lexington County
 William P. Keesley, Circuit Court Judge


Unpublished Opinion No.  2008-UP-358
Submitted July 1, 2008 – Filed July 10, 2008


APPEAL DISMISSED


Joseph L. Savitz, III, South Carolina Commission on Indigent Defense, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Deputy Attorney General Donald J. Zelenka, Office of the Attorney General, and Solicitor Donald V. Myers, all of Columbia; for Respondent.

PER CURIAM: Darrell Barr was convicted of first-degree burglary, murder, first-degree criminal sexual conduct, and kidnapping.  Barr appeals, arguing his guilty plea should be invalidated because it appears he entered the plea to escape the death penalty.[1]  Barr did not file a separate pro se brief.  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[2] Barr’s appeal and grant counsel’s petition to be relieved. 

APPEAL DISMISSED.

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


[1] Barr is mentally retarded and therefore ineligible for the death penalty.  See Atkins v. Virginia, 536 U.S. 304, 321 (2002). 

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