State v. Smith

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.

Michael V. Smith,       
Appellant.

Appeal From Greenville County

 Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No. 2004-UP-402

Submitted April 21, 2004 – Filed June
22, 2004

APPEAL DISMISSED

Chief Attorney Daniel T. Stacey, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Michael Smith pled guilty to
two counts of kidnapping, armed robbery, and first-degree burglary.  He was
sentenced to concurrent sentences of 30 years for both counts of kidnapping,
30 years for armed robbery, and 50 years for burglary.  Smith appeals, arguing
his guilty plea did not comply with the mandates set forth in Boykin v. Alabama,
395 U.S. 238 (1969).  On appeal, counsel for Smith has filed a brief pursuant
to Anders v. California, 386 U.S. 738 (1967), asserting that there were
no meritorious grounds for appeal and requesting permission to withdraw from
further representation.  Smith has not filed a pro se response. 

After a thorough review of the record pursuant
to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357
(1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and BEATTY, JJ., concur.

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