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2009-UP-377 - State v. Motley

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.

Garrett T. Motley, Appellant.


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


Unpublished Opinion No. 2009-UP-377
Submitted June 1, 2009 – Filed June 30, 2009  


APPEAL DISMISSED


Appellate Defender Elizabeth A. Franklin, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia;  and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: Garrett T. Motley appeals his guilty plea to strong armed robbery and fifteen year sentence, suspended upon the service of three years' imprisonment and five years probation.  Motley argues the court erred in accepting his guilty plea because he largely disputed the factual basis of the plea.  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.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


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