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2008-UP-375 - State v. Gainey

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.

Curtis Calvin Gainey, Appellant.


Appeal From York County
Edward W. Miller, Circuit Court Judge


Unpublished Opinion No.  2008-UP-375
Submitted July 1, 2008 – Filed July 14, 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; and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  Curtis Calvin Gainey appeals his guilty plea to voluntary manslaughter and possession of a firearm during the commission of a violent offense and sentenced to concurrent sentences of thirty and five years, respectively.  Gainey argues the trial court erred by accepting his guilty plea because his plea did not conform to the mandates set forth by Boykin v. Alabama, 395 U.S. 238 (1969).  Gainey filed a pro se brief.  After a thorough review of the record, counsel’s brief, and Gainey’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 Gainey’s 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.