State v. Barnes

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.

Leon Barnes, Appellant.

Appeal From Lexington County

 William P. Keesley, Circuit Court Judge

Unpublished Opinion No.  2008-UP-108

Submitted February 1, 2008 – Filed
February 12, 2008

APPEAL DISMISSED

Chief Attorney Joseph L. Savitz, III, South Carolina Commission of
Indigent Defense, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: Leon
Barnes appeals his guilty plea to shoplifting, third or subsequent offense.  On
appeal, Barnes maintains defense counsel, by advising him of his right to
appeal, rendered his plea conditional, and therefore, invalid under our
jurisprudence.  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] Barnes’ appeal and grant counsel’s motion to be relieved.

APPEAL
DISMISSED.

ANDERSON, SHORT, and THOMAS, JJ., concur.

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