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.

Stanscell Smith, III, Appellant.

Appeal From Greenville County

 John C. Few, Circuit Court Judge

Unpublished Opinion No. 2008-UP-380

Submitted July 1, 2008 – Filed July 14, 2008   

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, 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; Solicitor Robert Mills Ariail, of Greenville, for
Respondent.

PER CURIAM: Stanscell
Smith, III, appeals his guilty plea for assault and battery of a high and
aggravated nature and sentence of five years suspended upon service of eighteen
months with three years probation.  He argues his guilty plea failed to comply
with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  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 the appeal and grant counsel’s
motion to be relieved.[1]

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.