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2009-UP-270 - State v. McFadden

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.

Andre McFadden, Appellant.


Appeal From Calhoun County
 James C. Williams, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-270
Submitted May 1, 2009 – Filed June 2, 2009   


APPEAL DISMISSED


Appellate Defender LaNelle C. DuRant, 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 David Pascoe, of Orangeburg, for Respondent.

PER CURIAM:  Andre McFadden appeals his guilty plea and sentence for burglary second-degree violent, arguing the plea court erred in accepting his plea because it did not explain the offense was a strike.  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.