State v. Kirwan

THE STATE OF SOUTH CAROLINA

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

 

The State,                                                  
Respondent,

v.

Duane Thomas Kirwan,                              Appellant.

Appeal From York County

Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2004-UP-167

Submitted January 29, 2004 – Filed March 15, 2004

APPEAL DISMISSED

Assistant Appellate Defender Eleanor Duffy Cleary, of SC Office
of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh and Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia; and Solicitor Thomas E. Pope, of York, for Respondent.

PER CURIAM: Duane Thomas Kirwan appeals
his guilty pleas to entering a bank with intent to steal and strong-arm robbery. 
Kirwan argues his guilty pleas failed to comply with the mandates set forth
in Boykin v. Alabama, 395 U.S. 238 (1969).  His counsel attached to the
final brief a petition to be relieved as counsel, stating she had reviewed the
record and concluded Kirwan’s appeal was without merit.  Kirwan has not filed
a pro se brief.

After a thorough review of the record on appeal
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 grant counsel’s petition
and dismiss the appeal. [1]

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.

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