State v. Simon

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Tyrone R. Simon,       
Appellant.

Appeal From Florence County

B. Hicks Harwell, Jr., Circuit Court
Judge

Unpublished Opinion No. 2003-UP-223

Submitted January 29, 2003 – Filed March
20, 2003   

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda H. Haile, of Columbia,
of Ridgeland; for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney John W. McIntosh;
Assistant Deputy Attorney General Charles H. Richardson, of Columbia; Solicitor
Edgar Lewis Clements, III, of Florence; for Respondent.

PER CURIAM:  On September 18, 2001, Tyrone
Simon pled guilty to assault and battery of a high and aggravated nature and
was sentenced to ten years imprisonment. 

Simon’s appellate counsel submitted a petition
to be relieved as counsel, stating he has reviewed the record and has concluded
Simon’s appeal is without merit.  The issue raised in counsel’s brief concerns
whether Simon’s guilty plea complied with the mandates set forth in Boykin
v. Alabama, 395 U.S. 238 (1969).  Simon filed a document with the court
containing similar arguments.

After a review of the record as required by Anders
v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C.
116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues
that are arguable on their merits.  Accordingly, we dismiss Simon’s appeal and
grant counsel’s motion to be relieved.
[1]

APPEAL DISMISSED.

HEARN, C.J., and GOOLSBY and SHULER,
JJ., concur.

[1]   Because oral argument would not aid the court
in resolving the issues on appeal, we decide this case without oral argument
pursuant to Rules 215 and 220(b)(2), SCACR.