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2009-UP-319 - State v. Davis

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.

Benjamin Davis, III, Appellant.


Appeal From Dorchester County
 G. Edward Welmaker, Circuit Court Judge


Unpublished Opinion No. 2009-UP-319
Submitted May 1, 2009 – Filed June 11, 2009


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, 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 David M. Pascoe, Jr., of Dorchester, for Respondent.

PER CURIAM: Benjamin Davis, III, appeals his guilty pleas for assault and battery with intent to kill, attempted armed robbery, and unlawful carrying of a handgun.  On appeal, Davis argues his plea did not comply with constitutional standards.  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.