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2009-UP-488 - State v. Smoak

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.

Edward Lamar Smoak, Jr., Appellant.


Appeal From Lexington County
R. Knox McMahon, Circuit Court Judge


Unpublished Opinion No. 2009-UP-488
Submitted October 1, 2009 – Filed October 21, 2009   


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, 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: Edward Lamar Smoak, Jr., pled guilty to armed robbery pursuant to North Carolina v. Alford, 400 U.S. 25 (1970).  Smoak appeals, arguing the plea judge erred in accepting his guilty plea before determining Smoak's competence at the time of the offense.  Smoak filed a separate 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[1] Smoak's appeal and grant counsel’s petition to be relieved. 

APPEAL DISMISSED.

SHORT, WILLIAMS, and GEATHERS, JJ., concur. 


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