State v. Gainey

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.

Curtis Calvin
Gainey, Appellant.

Appeal From York County

Edward W. Miller, Circuit Court Judge

Unpublished Opinion No.  2008-UP-375

Submitted July 1, 2008 – Filed July 14,
2008

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, South Carolina Commission
on Indigent Defense, Division of Appellate 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 Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  Curtis
Calvin Gainey appeals his guilty plea to voluntary manslaughter and possession
of a firearm during the commission of a violent offense and sentenced to concurrent
sentences of thirty and five years, respectively.  Gainey argues the trial
court erred by accepting his guilty plea because his plea did not conform to
the mandates set forth by Boykin v.
Alabama, 395 U.S. 238 (1969).  Gainey
filed a pro se brief.  After a thorough review of the record, counsel’s brief,
and Gainey’s pro se 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 Gainey’s appeal and grant counsel’s motion to be relieved. [1]

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.