State v. Bracken

CourtListener 10155823ScctappJun 1, 2009

Full text

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.

Frank B.
Bracken, Appellant.

Appeal From Richland County

 James W. Johnson, Jr., Circuit Court
Judge

Unpublished Opinion No. 2009-UP-254

Submitted May 1, 2009 – Filed June 1, 2009   

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, 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 Warren B. Giese, of Columbia, for Respondent.

PER CURIAM:  Frank
B. Bracken appeals from his guilty plea to
two counts of shoplifting third offense.  On appeal, Bracken argues his plea
did not comply with the mandates of Boykin v. Alabama, 395 U.S 238
(1969).  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.

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