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2008-UP-692 - State v. Pitts

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.

Robert Pitts, Appellant.


Appeal From Aiken County
J. Michelle Childs, Circuit Court Judge


Unpublished Opinion No. 2008-UP-692
Submitted December 1, 2008 – Filed December 15, 2008   


APPEAL DISMISSED


Appellate Defender Elizabeth A. Franklin, 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 Barbara R. Morgan, of Aiken for Respondent.

PER CURIAM:  Robert Pitts appeals his conviction of voluntary manslaughter and thirty-year sentence.  Pitts argues the trial court erred by accepting his guilty plea, pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), because the State did not have substantial evidence proving Pitts’ guilt.  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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED. 

WILLIAMS, PIEPER, and GEATHERS, JJ., concur.


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