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2008-UP-440 - State v. Phillips

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.

David. T. Phillips, Appellant.


Appeal From Lexington County
 James R. Barber, Circuit Court Judge


Unpublished Opinion No. 2008-UP-440
Submitted August 1, 2008 – Filed August 6, 2008   


APPEAL DISMISSED


Appellate Defender LaNelle C. DuRant, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  David T. Phillips appeals his guilty plea to receiving stolen goods in an amount between $1000 and $5000, and sentence to three years imprisonment.  He maintains his guilty plea failed to conform with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Phillips filed a separate pro se brief claiming his plea was not voluntarily made and he received ineffective assistance of counsel.  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 the 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.