State v. Winningham

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.

Adam Winningham, Appellant.

Appeal From Berkeley County

  Roger M. Young, Circuit Court Judge

Unpublished Opinion No. 2008-UP-406

Submitted July 1, 2008 – Filed July 17,
2008   

APPEAL DISMISSED

Chief Appellate Defender Joseph L. Savitz,
III, 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 Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM: Adam Winningham appeals his guilty plea to first-degree burglary.  He argues
the trial judge erred by failing to treat his motion to reconsider his sentence
as a motion to withdraw his guilty plea.  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] Winningham’s appeal and grant counsel’s motion to be relieved.

APPEAL
DISMISSED.

HEARN, C.J., CURETON and GOOLSBY, A.J.J., concur.

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