In the Matter of the Care and Treatment of Kenneth Gray

CourtListener 10156115ScctappAug 7, 2008

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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

In the Matter
of the Care and Treatment of Kenneth Gray, Appellant.

Appeal From York County

 J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2008-UP-450

Submitted August 1, 2008 – Filed August 7,
2008  

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Attorney General Deborah R. J. Shupe, all of Columbia, for Respondent.

PER CURIAM: Kenneth Gray appeals from the order of the circuit
court committing him to long term care, control and treatment as a sexually
violent predator.  He argues the trial judge erred in failing to order a
competency evaluation to determine whether he had the sufficient ability to understand
the proceedings against him.  After
a thorough review of the record and counsel’s brief, pursuant to Anders v.
California, 386 U.S. 738 (1967), In re McCoy, 360 S.C. 425, 602
S.E.2d 58 (2004) (adopting the Anders procedure for alleged no-merit appeals
in sexually violent predator involuntary commitment appeals), 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.

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

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

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.