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2010-UP-467 - State v. Miller, Clarence

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.

Clarence Scott Miller, Appellant.


Appeal From Spartanburg County
J. Mark Hayes, II, Circuit Court Judge


Unpublished Opinion No. 2010-UP-467
Submitted October 1, 2010 – Filed October 28, 2010   


APPEAL DISMISSED


Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Clarence Scott Miller appeals his guilty pleas to resisting arrest, petit larceny, two counts of second-degree burglary, grand larceny, and two counts of first-degree burglary.  Miller's counsel argues the plea court erred in accepting Miller's plea because Miller was incompetent due to his learning disability and mental illness.  Miller filed a pro se brief reasserting his counsel's briefed argument.  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] the appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

WILLIAMS, PIEPER, and KONDUROS, JJ., concur.


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