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.

Roy Lee Smith, Appellant.

Appeal From Florence County

 James E. Brogdon, Jr., Circuit Court Judge

Unpublished Opinion No. 2007-UP-237

Submitted May 1, 2007 – Filed May 15, 2007   

APPEAL DISMISSED

Acting Chief Attorney Joseph L. Savitz, III, 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; and Solicitor Edgar Lewis Clements, of Florence, for Respondent.

PER CURIAM:  Roy Lee Smith appeals his guilty plea and sentence for second degree burglary and contributing to the delinquency of a minor.  Smith was sentenced to eight years imprisonment for burglary and three years for contributing to the delinquency of a minor to be served concurrently.  Smith argues he was unable to knowingly and intelligently waive his constitutional rights because the trial court failed to comply with Boykin v. Alabama, 395 U.S. 238 (1969).  Smith has not filed a separate pro se brief.  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[1] Smith’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

STILWELL, SHORT, and WILLIAMS JJ., concur.

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