State v. Smoak

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.

Edward Lamar
Smoak, Jr., Appellant.

Appeal From Lexington County

R. Knox McMahon, Circuit Court Judge

Unpublished Opinion No. 2009-UP-488

Submitted October 1, 2009 – Filed October
21, 2009   

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh,  and Assistant Deputy Attorney General Salley W.
Elliott, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for
Respondent.

PER CURIAM: Edward
Lamar Smoak, Jr., pled guilty to armed
robbery pursuant to North Carolina v. Alford, 400 U.S. 25 (1970).  Smoak
appeals, arguing the plea judge erred in accepting his guilty plea before
determining Smoak's competence at the time of the offense.  Smoak filed a
separate pro se brief.  After a thorough review of the record and both briefs 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] Smoak's appeal and grant counsel’s petition to be relieved. 

APPEAL
DISMISSED.

SHORT,
WILLIAMS, and GEATHERS, JJ., concur. 

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