State v. Moore

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.

Johnny Russell
Moore, Appellant.

Appeal from Spartanburg County

  J. Mark Hayes, II, Circuit Court Judge

Unpublished Opinion No. 2008-UP-400

Submitted July 1, 2008 – Filed July 17,
2008  

APPEAL DISMISSED

Appellate Defender Robert M. Dudek, 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 Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Johnny Russell Moore appeals his guilty plea to burglary in the first
degree.  He maintains his guilty plea failed to conform with the mandates set
forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Specifically, Moore asserts he did not meaningfully waive his rights.  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] Moore’s appeal and grant counsel’s motion to be relieved.

APPEAL
DISMISSED.

HEARN, C.J., CURETON and GOOLSBY, A.J.J., concur.

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