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2010-UP-189 - State v. Samuel Kirk

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.

Samuel Dawan Kirk, Appellant.


Appeal From Richland County
J. Michelle Childs, Circuit Court Judge


Unpublished Opinion No.  2010-UP-189
Submitted March 1, 2010 – Filed March 4, 2010


APPEAL DISMISSED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Warren B Giese, all of Columbia, for Respondent.

PER CURIAM:  Samuel Dawan Kirk appeals his guilty plea to assault and battery of a high and aggravated nature.  On appeal, Kirk's counsel alleges the plea did not comply with the mandates of 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[1] Kirk's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

PIEPER and GEATHERS, JJ., and CURETON, A.J., concur.


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