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2009-UP-118 - State v. Harris

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.

Phillip Dewayne Harris,

Appellant.


Appeal From York County

Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2009-UP-118

Submitted March 2, 2009 – Filed March 5, 2009   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, 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 Kevin S. Brackett, of York, for Respondent.

PER CURIAM: Phillip Dewayne Harris appeals his guilty plea and sentence arguing he did not voluntarily, knowingly, and intelligently waive his constitutional rights.  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, WILLIAMS, and KONDUROS, JJ., concur.


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