State v. Rush

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Sam Russ Rush,       
Appellant.

Appeal From Darlington County

John M. Milling, Circuit Court Judge

Unpublished Opinion No. 2003-UP-331

Submitted March 26, 2003 – Filed May
15, 2003   

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda H. Haile, of Columbia,
for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney
General John W. McIntosh; Assistant Deputy Attorney General Charles H. Richardson,
of Columbia; Jay E. Hodge, Jr., of Cheraw; for Respondent.

PER CURIAM: Sammie Rush was indicted for
forgery less than five thousand dollars  and distribution of crack cocaine. 
Rush pled guilty to both charges.  He was sentenced to five years, suspended
upon the service of three years and three years probation.  Rush appeals, arguing
his plea was given involuntarily in violation of Boykin v. Alabama, 395
U.S. 238 (1969). Counsel for appellant filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), asserting that there were no meritorious
grounds for appeal and requesting permission to withdraw from further representation. 

After a careful examination of the record
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.

APPEAL DISMISSED.

CURETON, ANDERSON, and HUFF JJ., concur.