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2009-UP-055 - 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.

Rosella Evans Smith, Appellant.


Appeal From Laurens County
 James C. Williams, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-055
Submitted January 2, 2009 – Filed January 22, 2009   


APPEAL DISMISSED


Appellate Defender M. Celia Robinson, 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 Jerry W. Peace, of Greenwood, for Respondent.

PER CURIAM: Rosella Evans Smith appeals her guilty plea to breach of peace of a high and aggravated nature.  Smith argues the plea court erred in accepting her guilty plea without a sufficient factual basis for the charge being established in the record. 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.

Huff, Thomas, and Lockemy, JJ., concur.


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