State v. Caldwell

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.

Willie Caldwell, Appellant.

Appeal From Richland County

 James W. Johnson, Jr., Circuit Court
Judge

Unpublished Opinion No.  2008-UP-423

Submitted July 1, 2008 –Filed July 21,
2008

APPEAL DISMISSED

Kathrine H. Hudgins, South Carolina Commission on Indigent Defense,
of Columbia; for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Office
of the Attorney General, of Columbia; and Solicitor Warren B. Giese, of Columbia;
for Respondent.

PER CURIAM: Willie Caldwell entered an Alford[1] plea to one count of kidnapping and one count of assault and battery with
intent to kill (ABWIK).  Caldwell appeals, arguing the circuit court erred in
accepting his Alford plea when he received no real benefit by entering
the plea.  Caldwell filed a separate pro se brief.  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[2] Caldwell’s appeal and grant counsel’s petition to be relieved. 

APPEAL
DISMISSED.

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

[1] North Carolina v. Alford, 400 U.S. 25 (1970).

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