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2008-UP-420 - State v. Cousar

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.

John Patrick Cousar, Appellant.


Appeal From York County
 John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-420
Submitted July 1, 2008 – Filed July 21, 2008


APPEAL DISMISSED


Wanda H. Carter, South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM: John Patrick Cousar pleaded guilty to armed robbery, assault and battery of a high and aggravated nature, possession of a firearm during the commission of a violent crime, and criminal conspiracy. Cousar appeals, arguing the circuit court erred in accepting his guilty plea without first holding a competency hearing under State v. Blair, 275 S.C. 529, 273 S.E.2d 536 (1981).  See S.C. Code Ann. § 44-23-430 (Supp. 2007).  Cousar did not file a separate pro se brief.  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] Cousar’s appeal and grant counsel’s petition 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.