State v. Johnson

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Wayne Johnson, Appellant.

Appeal From York County

 Brooks P. Goldsmith, Circuit Court Judge

Unpublished Opinion No. 2009-UP-362

Submitted June 1, 2009 – Filed June 24,
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: Wayne
Johnson appeals his guilty plea to five counts of first-degree burglary and
first-degree criminal sexual conduct.  Johnson entered pleas pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to armed robbery and assault
with intent to commit a first-degree criminal sexual conduct.  Johnson received
five concurrent forty year terms for the first degree burglary convictions, and
three concurrent thirty year terms for the remaining charges.  Johnson asserts
the trial court erred by accepting his plea because it did not comply with the
mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Johnson
filed a 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 the appeal and grant counsel's motion to be
relieved.[1]

APPEAL
DISMISSED.

HEARN, C.J., and THOMAS and KONDUROS, JJ., concur.

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