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2009-UP-552 - State v. Harris

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.

James Eugene Harris, Appellant.


Appeal From York County
 Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2009-UP-552
Submitted November 2, 2009 – Filed November 19, 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 Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: James Eugene Harris appeals his guilty pleas to trafficking in crack cocaine and possession of cocaine with intent to distribute.  On appeal, Harris contends his guilty pleas failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Specifically, Harris maintains the plea court erred in failing to advise him if he prevailed on his motion for a new trial, a jury could find him not guilty.  After a thorough review of the record, counsel's brief, and Harris's pro se 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[1] Harris's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

SHORT, THOMAS, and KONDUROS, JJ., concur.


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