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2009-UP-232 - State v. Gaines

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.

Mujahid Abdul Gaines, Appellant.


Appeal From Richland County
 Kenneth G. Goode, Circuit Court Judge


Unpublished Opinion No. 2009-UP-232
Submitted May 1, 2009 – Filed May 27, 2009   


APPEAL DISMISSED


Appellate Defender Wanda H. Carter, of Columbia, for Appellant.

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

PER CURIAM:  Mujahid Abdul Gaines appeals from his guilty plea to armed robbery, filing a false police report, and failure to stop for a blue light.  On appeal, Gaines argues the plea judge erred in failing to determine whether Gaines was mentally competent before accepting the plea.  Gaines has also filed a pro se brief. After a thorough review of the record and both briefs, 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., THOMAS, and KONDUROS, JJ., concur.


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