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2008-UP-380 - State v. Smith

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.

Stanscell Smith, III, Appellant.


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


Unpublished Opinion No. 2008-UP-380
Submitted July 1, 2008 – Filed July 14, 2008   


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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 Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM: Stanscell Smith, III, appeals his guilty plea for assault and battery of a high and aggravated nature and sentence of five years suspended upon service of eighteen months with three years probation.  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 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.