State v. Harris

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

James Eugene Harris, Appellant.

Appeal From York County

 Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2009-UP-552

Submitted November 2, 2009 – Filed
November 19, 2009   

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W.
Elliott, all of Columbia; and Solicitor Kevin Scott Brackett, of York, for
Respondent.

PER CURIAM: James Eugene Harris appeals his guilty pleas to trafficking in crack cocaine and possession of cocaine with intent to
distribute.  On appeal, Harris
contends his guilty pleas failed to comply with the mandates set forth in Boykin
v. Alabama, 395 U.S. 238 (1969).  Specifically, Harris maintains the plea
court erred in failing to advise him if he prevailed on his motion for a new
trial, a jury could find him not guilty.  After
a thorough review of the record, counsel's brief, and Harris'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[1] Harris's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

SHORT, THOMAS, and KONDUROS, JJ., concur.

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