State v. Smith, Maurice

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.

Maurice Lee
Smith, Appellant.

Appeal From Florence County

 Edward B. Cottingham, Circuit Court Judge

Unpublished Opinion No. 2008-UP-227

Submitted April 1, 2008 – Filed April 11,
2008   

APPEAL DISMISSED

Deputy Chief Attorney for Capital Appeals Robert M. Dudek, 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 Edgar Lewis Clements, III, of Florence, for
Respondent.

PER CURIAM:  Maurice Lee Smith appeals his conviction
and sentence for two counts of assault and battery with intent to kill.  On
appeal, Smith argues his guilty plea failed to comply with the mandates set
forth in Boykin v. Alabama, 395 U.S. 238 (1969), because the trial court
accepted his guilty plea without securing his waiver of his constitutional
rights.  Smith did not file a separate pro se brief.  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[1] Smith’s appeal and grant counsel’s motion to be relieved.    

APPEAL DISMISSED.

HEARN,
C.J., PIEPER, J., and GOOLSBY, A.J., concur.

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