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2008-UP-405 - State v. Whitaker

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.

Joe Whitaker, Appellant.


Appeal From Greenville County
Roger L. Couch, Special Circuit Court Judge


Unpublished Opinion No. 2008-UP-405
Submitted July 1, 2008 – Filed July 17, 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; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Joe Whitaker appeals his conviction and sentence for two counts of engaging a child for sexual performance, two counts of unlawful conduct towards a child, two counts of second-degree criminal sexual conduct with a minor, and two counts of promoting prostitution of a minor.  On appeal, Whitaker argues his guilty plea failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969), because the circuit court accepted his guilty plea without apprising him a jury’s guilty verdict must be unanimous.  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[1] Whitaker’s appeal. 

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.