State v. Morgan

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Calvin Todd Morgan,       
Appellant.

Appeal From Cherokee County

J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2004-UP-085

Submitted December 23, 2003 – Filed February 12, 2004

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak,, of Columbia
for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Calvin Todd Morgan appeals
from his guilty plea to one count of assault and battery with intent to kill
(ABWIK).  Morgan’s appellate counsel has petitioned to be relieved as counsel,
stating he has reviewed the record and has concluded Morgan’s appeal is without
merit.  The sole issue briefed by counsel concerns whether the circuit court
erred in in accepting his guilty plea, arguing it was not freely and voluntarily
given.  In a separate pro se brief, Derrick argues his trial counsel
represented him under a conflict of interest. 

After a review of the record as required by Anders
v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C.
116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues
that are arguable on their merits.  Accordingly, we dismiss Morgan’s appeal
and grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur

         
1  Because oral argument would not aid the court in resolving
the issues on appeal, we decide this case without oral argument pursuant to
Rules 215 and 220(b)(2), SCACR.