State v. Hart

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.

Kia M. Hart, Appellant

Appeal from Lexington County

R. Knox McMahon, Circuit Court Judge

Unpublished Opinion No. 2009-UP-022

Submitted January 2, 2009 – Filed January 9, 2009

APPEAL DISMISSED

Deputy
Chief Appellate Defender Wanda H. Carter, 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: Kia
M. Hart pled guilty to accessory before the fact of kidnapping in October 16,
2006, but her sentencing was deferred until April 3, 2007.  After being
sentenced, Hart appealed, arguing the trial court should have asked her if she wanted
to withdraw her guilty plea before she reaffirmed it prior to sentencing.  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 Hart’s appeal and grant counsel’s motion
to be relieved.[1]

APPEAL
DISMISSED.

WILLIAMS, PIEPER, and GEATHERS, JJ., concur.

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