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2009-UP-390 - State v. Cohen

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.

Gary Cohen, Appellant.


Appeal From Georgetown County
James R. Barber, III, Circuit Court Judge


Unpublished Opinion No. 2009-UP-390
Submitted May 1, 2009 – Filed July 8, 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, of Columbia; Solicitor J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM: Gary Cohen appeals from his Alford plea for assault and battery of a high and aggravated nature.  On appeal, Cohen argues he did not knowingly and intelligently waive his constitutional rights.  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.