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2008-UP-439 - State v. Reese

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.

Kevin Reese, Appellant.


Appeal From Richland County
G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-439
Submitted August 1, 2008 – Filed August 6, 2008


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM:  Kevin Reese pled guilty to two counts of entering a bank with the intent to steal, and he received concurrent sentences of fifteen years each.  Reese’s counsel argues the trial court erred in accepting Reese’s guilty plea, maintaining it did not comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Reese filed a pro se brief and argues the trial court erred by accepting his guilty plea because an indictment was never returned by the grand jury.      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  Reese’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED. 

KONDUROS, J., CURETON, A.J., and GOOLSBY, A.J., concur.


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