State v. Cummings

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Donald Cummings, Appellant.

Appeal From Spartanburg County

 James E. Lockemy, Circuit Court Judge

Unpublished Opinion No. 2009-UP-295

Submitted May 1,2009 – Filed June 4, 2009   

APPEAL DISMISSED

Chief Appellate Defender Joseph L. Savitz, III, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Donald
Cummings appeals from his guilty plea to assault
and battery of a high and aggravated nature, arguing the plea judge should have
ordered a competency hearing before taking the plea.  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 the appeal and
grant counsel's motion to be relieved.[1]

APPEAL
DISMISSED.

HEARN, C.J., THOMAS, and KONDUROS, JJ.,
concur.

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