State v. Phillips

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.

David. T.
Phillips, Appellant.

Appeal From Lexington County

 James R. Barber, Circuit Court Judge

Unpublished Opinion No. 2008-UP-440

Submitted August 1, 2008 – Filed August 6,
2008   

APPEAL DISMISSED

Appellate Defender LaNelle C. DuRant, 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 Donald V. Myers, of Lexington, for Respondent.

PER
CURIAM:  David T. Phillips appeals his guilty plea to receiving stolen goods in an amount between $1000 and $5000,
and sentence to three years imprisonment.  He
maintains his guilty plea failed to conform with the mandates set forth in Boykin
v. Alabama, 395 U.S. 238 (1969).  Phillips filed a separate pro se brief claiming his plea was not voluntarily made and he received ineffective
assistance of counsel.  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 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.