State v. Perry

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.

Nicholas Rozier
Perry, Appellant.

Appeal from Greenville County

 Edward W. Miller, Circuit Court Judge

Unpublished Opinion No. 2007-UP-467

Submitted October 1, 2007 – Filed October
11, 2007   

APPEAL DISMISSED

Chief Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Donald J.
Zelenka, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for
Respondent.

PER CURIAM: 
Nicholas Rozier Perry pled guilty to two counts of murder, for which he
received two thirty year sentences.  On appeal, Perry contends the plea judge
erred in accepting his guilty plea without a factual basis.  Perry’s counsel
attached a petition to be relieved, stating he reviewed the record and
concluded this appeal lacks merit.  Perry also filed a pro se response brief reiterating appellate counsel’s argument and additionally
asserting a denial of due process based on the incomplete transcript filed by
appellate counsel.  After a thorough review of the record, counsel’s brief, and
Perry’s pro se 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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED.

HEARN,
C.J., HUFF and KITTREDGE, JJ., concur.

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