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2009-UP-406 - State v. Gatewood

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.

Roscoe N. Gatewood, Appellant.


Appeal From Greenville County
Michael G. Nettles, Circuit Court Judge


Unpublished Opinion No.   2009-UP-406
Submitted September 1, 2009 – Filed September 2, 2009


APPEAL DISMISSED


Appellate Defender Lanelle C. Durant, 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 Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Roscoe N. Gatewood appeals his guilty plea under North Carolina v. Alford, 400 U.S. 25 (1970), to assault with the intent to kill and assault of a high and aggravated nature.  Gatewood argues the trial court erred by not ensuring his plea complied with the mandates set forth in 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. 

HUFF, THOMAS, and PIEPER, JJ., concur.


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