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2008-UP-676 - State v. Ervin

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.

Britney E. Ervin, Appellant.


Appeal From Greenville County
James W. Johnson, Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-676
Submitted December 1, 2008 – Filed December 9, 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 Donald J. Zelenka, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Britney E. Ervin pled guilty to two counts of murder, two counts of possession of a weapon during the commission of a violent crime, assault and battery with the intent to kill, and grand larceny.  Ervin was sentenced to concurrent sentences of thirty, thirty, twenty, twenty, and five years, respectively, and a consecutive five year sentence for the grand larceny charge.  Ervin appeals, arguing the truncated waiver of constitutional rights colloquy during his guilty plea failed to comply with Boykin v. Alabama, 395 U.S. 238 (1969).  After a thorough review of the record and counsel’s brief 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 Ervin’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED. 

ANDERSON, HUFF, and THOMAS, JJ., concur.


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