State v. Moore

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.

DeWayne Moore, Appellant.

Appeal From Lexington County

 Marc H. Westbrook, Circuit Court Judge

Unpublished Opinion No.  2004-UP-602

Submitted December 1, 2004 – Filed December 3, 2004

APPEAL DISMISSED

Assistant Appellate Defender Eleanor Duffy Cleary, of Columbia, for
Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John
W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Dewayne Moore pled guilty to
second-degree burglary (violent), assault and battery of a high and aggravated
nature, and criminal domestic violence of a high and aggravated nature, pursuant
to North Carolina v. Alford, 400 U.S. 25 (1970).  He was sentenced to
fifteen years for burglary and ten years, concurrent, for each assault charge. 
Moore appeals, arguing his guilty plea did not comply with the mandates set
forth in Boykin v. Alabama, 395 U.S. 238 (1969).  On appeal, counsel
for Moore has filed a brief pursuant to Anders v. California, 386 U.S.
738 (1967), asserting that there are no meritorious grounds for appeal and requesting
permission to withdraw from further representation.  Moore filed a pro
se response. 

After a thorough review of the record pursuant
to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357
(1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

ANDERSON, STILWELL, and SHORT, JJ., concur.

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