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2009-UP-257 - State v. Askins

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals


The State, Respondent,

v.

Robert Lee Askins, Appellant.


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


Unpublished Opinion No. 2009-UP-257
Submitted May 1, 2009 – Filed June 1, 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 General Salley W. Elliott, all of Columbia; and Solicitor Edgar L. Clements, III, of Florence, for Respondent.

PER CURIAM:  Robert Lee Askins appeals his guilty plea and sentence for voluntary manslaughter, arguing the plea court failed to advise him of the right to proceed to trial and present evidence of self-defense.  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., THOMAS, and KONDUROS, JJ., concur.


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