State v. McGowan

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.

Sergio McGowan, Appellant.

Appeal From Beaufort County

 Carmen T. Mullen, Circuit Court Judge

Unpublished Opinion No. 2008-UP-480

Submitted August 1, 2008 – Filed August
12, 2008   

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, 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 I. McDuffie  Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Sergio
McGowan appeals his guilty plea for armed robbery, two counts of kidnapping,
and possession of a weapon during the commission of a violent crime.  The plea
judge sentenced McGowan to five years for the possession, twelve years for
kidnapping, and twelve years for the armed robbery.  McGowan argues the plea
judge erred in accepting his guilty plea before advising him that he was
waiving his right to a jury trial and that any verdict by a jury would have to
be unanimous.  After a thorough review of the record and counsel’s
brief pursuant
to Anders v. California, 386 U.S. 738 (1967), we dismiss[1] McGowan’s appeal and grant counsel’s motion to be relieved. 

APPEAL
DISMISSED.

KONDUROS,
J., CURETON and GOOLSBY, A.J.J., concur.

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