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2009-UP-286 - State v. Hernandez

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.

Gustavo Lara Hernandez, Appellant.


Appeal From Spartanburg County
J. Mark Hayes, II, Circuit Court Judge


Unpublished Opinion No. 2009-UP-286
Submitted May 1, 2009 – Filed June 4, 2009   


APPEAL DISMISSED


Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Gustavo Lara Hernandez appeals from his guilty plea to identity fraud, arguing his plea did not comply with the mandates of 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., THOMAS, and KONDUROS, JJ., concur.


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