State v. Harper

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.

David Ray Harper, Appellant.

Appeal From Orangeburg County

 James C. Williams, Jr., Circuit Court Judge

Unpublished Opinion No. 2007-UP-234

Submitted May 1, 2007 –Filed May 15, 2007

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Dudek, South Carolina Commission, of Columbia, for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Office of the Attorney General, of Columbia; and Solicitor David M. Pascoe, Jr.,   of Summerville, for Respondent.

PER CURIAM:  David Ray Harper appeals his guilty plea and sentence for murder.  Harper was sentenced to thirty years imprisonment.  Harper argues he was unable to knowingly and intelligently waive his constitutional rights because the trial court failed to comply with Boykin v. Alabama, 395 U.S. 238 (1969).  Harper has not filed a separate pro se brief.  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] Harper’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

STILWELL, SHORT, and WILLIAMS JJ., concur.

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