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2008-UP-364 - State v. Brown

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.

Mark Allen Brown, Appellant.


Appeal From Berkeley County
 John C. Few, Circuit Court Judge


Unpublished Opinion No. 2008-UP-364
Submitted July 1, 2008 – Filed July 11, 2008


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, South Carolina Commission on Indigent Defense, Division of Appellate Defense, 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; Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM: Mark Allen Brown appeals his guilty plea for homicide by child abuse and sentence of life without parole.  He argues the trial judge erred in accepting his plea because Brown did not admit to showing an extreme indifference to human life, a required element of the crime of homicide by child abuse.  S.C. Code Ann. § 16-3-85 (2003).  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.