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2009-UP-179 - State v. Gilliard

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.

Paul Lawrence Gilliard, Appellant.


Appeal From Florence County
 Thomas W. Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-179
Submitted April 1, 2009 – Filed April 30, 2009


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 Salley W. Elliott, all of Columbia; and Solicitor Edgar L. Clements, III, of Florence, for Respondent.

PER CURIAM: Paul Lawrence Gilliard appeals his guilty plea and sentence for third-degree criminal sexual conduct, arguing the plea judge erred in failing to dismiss a second charge, possession of a weapon during the commission of a violent crime, because it was rendered inapplicable by his guilty 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 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.