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2008-UP-423 - State v. Caldwell

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.

Willie Caldwell, Appellant.


Appeal From Richland County
 James W. Johnson, Jr., Circuit Court Judge


Unpublished Opinion No.  2008-UP-423
Submitted July 1, 2008 –Filed July 21, 2008


APPEAL DISMISSED


Kathrine H. Hudgins, 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, of Columbia; and Solicitor Warren B. Giese, of Columbia; for Respondent.

PER CURIAM: Willie Caldwell entered an Alford[1] plea to one count of kidnapping and one count of assault and battery with intent to kill (ABWIK).  Caldwell appeals, arguing the circuit court erred in accepting his Alford plea when he received no real benefit by entering the plea.  Caldwell filed a separate pro se brief.  After a thorough review of the record and both briefs 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[2] Caldwell’s appeal and grant counsel’s petition to be relieved. 

APPEAL DISMISSED.

HEARN, C.J., CURETON and GOOLSBY, A.J.J., concur.


[1] North Carolina v. Alford, 400 U.S. 25 (1970).

[2] We decide this case without oral argument pursuant to Rule 215, SCACR.