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2008-UP-450 - In the Matter of the Care and Treatment of Kenneth Gray

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

In the Matter of the Care and Treatment of Kenneth Gray, Appellant.


Appeal From York County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2008-UP-450
Submitted August 1, 2008 – Filed August 7, 2008  


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R. J. Shupe, all of Columbia, for Respondent.

PER CURIAM: Kenneth Gray appeals from the order of the circuit court committing him to long term care, control and treatment as a sexually violent predator.  He argues the trial judge erred in failing to order a competency evaluation to determine whether he had the sufficient ability to understand the proceedings against him.  After a thorough review of the record and counsel’s brief, pursuant to Anders v. California, 386 U.S. 738 (1967), In re McCoy, 360 S.C. 425, 602 S.E.2d 58 (2004) (adopting the Anders procedure for alleged no-merit appeals in sexually violent predator involuntary commitment appeals), 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.