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2009-UP-362 - State v. Johnson

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.

Wayne Johnson, Appellant.


Appeal From York County
 Brooks P. Goldsmith, Circuit Court Judge


Unpublished Opinion No. 2009-UP-362
Submitted June 1, 2009 – Filed June 24, 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 Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM: Wayne Johnson appeals his guilty plea to five counts of first-degree burglary and first-degree criminal sexual conduct.  Johnson entered pleas pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to armed robbery and assault with intent to commit a first-degree criminal sexual conduct.  Johnson received five concurrent forty year terms for the first degree burglary convictions, and three concurrent thirty year terms for the remaining charges.  Johnson asserts the trial court erred by accepting his plea because it did not comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Johnson 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., and THOMAS and KONDUROS, JJ., concur.


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