State v. Kirby

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.

Johnny Gerald Kirby, Appellant.

Appeal From York County

 Michael G. Nettles, Circuit Court Judge

Unpublished Opinion No. 2009-UP-212

Submitted April 1, 2009 – Filed May 19, 2009

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 Kevin S. Brackett, of York, for Respondent.

PER CURIAM: Johnny
Gerald Kirby appeals his guilty plea for second-degree arson and two counts of threatening
the life of a public official, and concurrent sentences of eight years, five
years, and five years, respectively.  He argues his guilty plea failed to
comply with the mandates set forth in Boykin v. Alabama, 395 U.S. 238
(1969).  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 the appeal and
grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED.

Hearn, C.J., Pieper and
Lockemy, JJ., concur.

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