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2008-UP-677 - State v. Smith

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.

Terry Lee Smith, Appellant.


Appeal From Spartanburg County
Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2008-UP-677
Submitted December 1, 2008 – Filed December 9, 2008   


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Terry Lee Smith pled guilty but mentally ill pursuant to North Carolina v. Alford, to kidnapping, armed robbery, car jacking, common law robbery, and assault and battery of a high and aggravated nature.  Smith received concurrent sentences of twenty-three, twenty-three, twenty, fifteen, and ten years, respectively.  Smith argues the trial court erred by failing to conduct a State v. Blair, 275 S.C. 529, 273 S.E.2d 536 (1981), hearing to determine his competence before accepting his plea.   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 Smith’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED. 

HEARN, C.J., SHORT and KONDUROS, JJ., concur. 


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