State v. Canty

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.

Jerry Lewis Canty,       
Appellant.

Appeal From Richland County

James C. Williams, Jr., Circuit Court
Judge

Unpublished Opinion No. 2005-UP-078

Submitted February 1, 2005 – Filed February
4, 2005

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, Office of Appellate
Defense, of Columbia,  for Appellant.

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

PER CURIAM:  Jerry Lewis Canty
appeals his plea of guilty but mentally ill to simple assault and battery and
second-degree burglary, arguing the circuit court erred in accepting his plea
because he was not mentally competent.  Canty filed a separate pro se
brief, raising several issues concerning the strength and propriety of the State’s
case against him which we deem waived by his entry of a guilty plea.  After
a thorough review of the record, counsel’s brief, and Canty’s pro se
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 Canty’s appeal
under Rule 220(b)(2), SCACR, and grant counsel’s motion to be relieved.
[1]

APPEAL DISMISSED.

HEARN, C.J., KITTREDGE and WILLIAMS,
JJ., concur.

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