State v. Kyzer

CourtListener 10153683ScctappOct 11, 2010

Full text

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.

Joseph Dean
Kyzer, Appellant.

Appeal From Richland County

L. Casey Manning, Circuit Court Judge

Unpublished Opinion No.  2010-UP-439

Submitted October 1, 2010 – Filed October
11, 2010

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM: 
Joseph Dean Kyzer appeals his
guilty pleas to assault and battery with intent to kill and property offense
third and above, arguing his guilty pleas lacked a sufficient factual basis and failed to comply with the mandates set
forth in 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[1] Kyzer's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

FEW, C.J., HUFF
and GEATHERS, JJ., concur.

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

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