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2008-UP-442 - State v. Martin

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.

Kimberly Denise Martin, Appellant.


Appeal From Pickens County
 John C. Few, Circuit Court Judge


Unpublished Opinion No. 2008-UP-442
Submitted August 1, 2008 – Filed August 6, 2008


APPEAL DISMISSED


Deputy Chief Attorney for Capital Appeals Robert M. Dudek, 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; Solicitor Robert Mills Ariail, of Greenville; for Respondent.

PER CURIAM:  Kimberly Denise Martin appeals her guilty plea for trafficking in cocaine, possession with intent to distribute cocaine within close proximity of a school or park, trafficking methamphetamine, possession with intent to distribute methamphetamine within close proximity of a school or park, possession of hydrocodone.  The plea judge sentenced her to twelve years for each trafficking charge, and ten years for the proximity charges, six months imprisonment for possession of hydrocodone. Counsel argues the guilty plea should be vacated because there was no meaningful waiver of her constitutional rights under the mandates of Boykin v. Alabama, 395 U.S. 238 (1969).  Martin also submitted a pro se brief.  After a thorough review of the record and both briefs pursuant to Anders v. California, 386 U.S. 738 (1967), we dismiss[1] Martin’s appeal and grant counsel’s motion to be relieved. 

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.