State v. Avila

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.

Luis Enrique
Vargas Avila, Appellant.

Appeal From York County

 Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2008-UP-111

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 Thomas E. Pope, of York, for Respondent.

PER CURIAM: Luis Enrique Vargas Avila appeals his guilty plea to trafficking cocaine in an
amount more than ten grams.  On appeal, Avila maintains the plea court, 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] Avila’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HUFF, KITTREDGE, and WILLIAMS, JJ., concur.

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