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2008-UP-483 - State v. Childs

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.

Jesse Lee Childs, Appellant.


Appeal From Greenville County
 Edward W. Miller, Circuit Court Judge


Unpublished Opinion No. 2008-UP-483
Submitted August 1, 2008 – Filed August 12, 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 Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM:  Jesse Lee Childs appeals his guilty plea to armed robbery, carjacking, possession of a weapon during the commission of a violent crime, and breaking and entering a motor vehicle and concurrent sentences of fifteen, fifteen, five, and five, respectively.  Childs’ counsel argues the plea court erred by accepting his plea to both armed robbery and carjacking in violation of his right against double jeopardy because both charges were based on the same set of facts.  Childs filed a separate pro se brief claiming 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 and GOOLSBY, A.J.J., concur.


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