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2009-UP-217 - State v. Harkless

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.

Donte James Harkless, Appellant.


Appeal From Richland County
 G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-217
Submitted April 1, 2009 – Filed May 20, 2009   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney Generarl John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott; and Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM: Donte James Harkless appeals his guilty plea for two counts of armed robbery, two counts of kidnapping, assault and battery of a high and aggravated nature, second-degree burglary, strong arm robbery, and grand larceny.  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.