State v. Catoe

THIS OPINION HAS NO PRECEDENTIAL VALUE

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.

Brett James Catoe,       
Appellant.

Appeal From Lancaster County

Kenneth G. Goode, Circuit Court Judge

Unpublished Opinion No. 2004-UP-651

Submitted December 1, 2004 – Filed December
22, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, Office of Appellate
Defense, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
Office of the Attorney General, of Columbia; and Solicitor John R. Justice,
of Chester, for Respondent.

PER CURIAM: Brett James Catoe pled guilty
to assault and battery with intent to kill and possession of a weapon during
a violent crime.  Catoe argues his guilty pleas failed to comply with the mandates
set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  His counsel attached
to the final brief a petition to be relieved as counsel, stating she reviewed
the record and concluded Catoe’s appeal is without merit.  Catoe did not file
a pro se response. 

After a thorough review 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 petition to be relieved.

APPEAL DISMISSED.
[1]

HEARN, C.J., and GOOLSBY and WILLIAMS, JJ., concur.

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