State v. Whitaker

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.

Joe Whitaker, Appellant.

Appeal From Greenville County

Roger L. Couch, Special Circuit Court
Judge

Unpublished Opinion No. 2008-UP-405

Submitted July 1, 2008 – Filed July 17,
2008   

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, 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 Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Joe Whitaker appeals his conviction and
sentence for two counts of engaging a child for sexual performance, two counts
of unlawful conduct towards a child, two counts of second-degree criminal
sexual conduct with a minor, and two counts of promoting prostitution of a
minor.  On appeal, Whitaker argues his guilty plea failed to comply with the
mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969), because
the circuit court accepted his guilty plea without apprising him a jury’s
guilty verdict must be unanimous.  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] Whitaker’s appeal. 

APPEAL DISMISSED.

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

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