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2008-UP-406 - State v. Winningham

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.

Adam Winningham, Appellant.


Appeal From Berkeley County
  Roger M. Young, Circuit Court Judge


Unpublished Opinion No. 2008-UP-406
Submitted July 1, 2008 – Filed July 17, 2008   


APPEAL DISMISSED


Chief Appellate Defender Joseph L. Savitz, III, 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 Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM: Adam Winningham appeals his guilty plea to first-degree burglary.  He argues the trial judge erred by failing to treat his motion to reconsider his sentence as a motion to withdraw his guilty plea.  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] Winningham’s appeal and grant counsel’s motion to be relieved.

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.