State v. Kelly

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Jason Kelly,       
Appellant.

Appeal From Williamsburg County

Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2003-UP-613  

Submitted August 20, 2003 – Filed October 21, 2003

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, Office of Appellate
Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia;  and Solicitor Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM:  Jason Kelly appeals from his
guilty plea to armed robbery, arguing the trial judge violated the mandate of
Boykin v. Alabama, 395 U.S. 238 (1965), by accepting his guilty plea. 
Pursuant to Anders v. California, 386 U.S. 738 (1967), Kelly’s counsel
attached to the brief a petition to be relieved as counsel, stating after his
review of the record he found the appeal without merit.  Kelly 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] Kelly’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON,
JJ., concur.

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