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2010-UP-011 - The State v. Brandon Byers

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.

Brandon Josef Byers, Appellant.


Appeal From York County
Brooks P. Goldsmith, Circuit Court Judge


Unpublished Opinion No. 2010-UP-011
Submitted January 4, 2010 – Filed January 21, 2010  


APPEAL DISMISSED


Acting Chief Appellate Defender Robert M. Dudek, 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:  Brandon Josef Byers pled guilty to two counts of kidnapping and one count each of voluntary manslaughter, first-degree burglary, armed robbery, criminal conspiracy, and possession of a firearm during the commission of a violent crime.  On appeal, Byers argues his plea failed to comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969), because the circuit court erred in apprising him of his constitutional rights in a colloquy that lasted less than one page of the guilty plea transcript.  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[1] Byers's appeal and grant counsel’s petition to be relieved. 

APPEAL DISMISSED.

HUFF, A.C.J., GEATHERS, J., and CURETON, A.J., concur. 


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