State v. Ervin

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.

Britney E.
Ervin, Appellant.

Appeal From Greenville County

James W. Johnson, Jr., Circuit Court Judge

Unpublished Opinion No. 2008-UP-676

Submitted December 1, 2008 – Filed
December 9, 2008   

APPEAL DISMISSED

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of Columbia, for Appellant.

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

PER CURIAM:  Britney E. Ervin pled guilty to two counts of murder,
two counts of possession of a weapon during the commission of a violent crime,
assault and battery with the intent to kill, and grand larceny.  Ervin was
sentenced to concurrent sentences of thirty, thirty, twenty, twenty, and five
years, respectively, and a consecutive five year sentence for the grand larceny
charge.  Ervin appeals, arguing the truncated waiver of constitutional rights
colloquy during his guilty plea failed to comply with 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 Ervin’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL
DISMISSED. 

ANDERSON,
HUFF, and THOMAS, JJ., concur.

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