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2009-UP-212 - State v. Kirby

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.

Johnny Gerald Kirby, Appellant.


Appeal From York County
 Michael G. Nettles, Circuit Court Judge


Unpublished Opinion No. 2009-UP-212
Submitted April 1, 2009 – Filed May 19, 2009


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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: Johnny Gerald Kirby appeals his guilty plea for second-degree arson and two counts of threatening the life of a public official, and concurrent sentences of eight years, five years, and five years, respectively.  He argues his guilty plea failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  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.

Hearn, C.J., Pieper and Lockemy, JJ., concur.


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