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2011-UP-049 - State v. Stuckey

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.

Tony Anthony Stuckey, Appellant.


Appeal From Lee County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2011-UP-049
Submitted January 4, 2011 – Filed February 4, 2011   


APPEAL DISMISSED


Appellate Defender Kathrine Hudgins, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor C. Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  Tony Anthony Stuckey pled guilty to three counts of kidnapping, three counts of carjacking, two counts of pointing and presenting a firearm, two counts of criminal domestic violence of a high and aggravated nature (CDVHAN), two counts of possession of a weapon during the commission of a violent crime, possession of a stolen weapon, stalking, and assault and battery of a high and aggravated nature.  Stuckey argues the plea court erred in accepting his pleas to these offenses because he was constructively denied his right to counsel.  Additionally, Stuckey submits this court should correct the scrivener's error on the sentencing sheet for one of his CDVHAN charges.  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] the appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

THOMAS, PIEPER, and GEATHERS, JJ., concur. 


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