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2008-UP-480 - State v. McGowan

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.

Sergio McGowan, Appellant.


Appeal From Beaufort County
 Carmen T. Mullen, Circuit Court Judge


Unpublished Opinion No. 2008-UP-480
Submitted August 1, 2008 – Filed August 12, 2008   


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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 I. McDuffie  Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Sergio McGowan appeals his guilty plea for armed robbery, two counts of kidnapping, and possession of a weapon during the commission of a violent crime.  The plea judge sentenced McGowan to five years for the possession, twelve years for kidnapping, and twelve years for the armed robbery.  McGowan argues the plea judge erred in accepting his guilty plea before advising him that he was waiving his right to a jury trial and that any verdict by a jury would have to be unanimous.  After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1967), we dismiss[1] McGowan’s appeal and grant counsel’s motion to be relieved. 

APPEAL DISMISSED.

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


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