State v. Samuel Kirk

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.

Samuel Dawan
Kirk, Appellant.

Appeal From Richland County

J. Michelle Childs, Circuit Court Judge

Unpublished Opinion No.  2010-UP-189

Submitted March 1, 2010 – Filed March 4,
2010

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, of
Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief
Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General
Salley W. Elliott, and Warren B Giese, all of Columbia, for Respondent.

PER CURIAM:  Samuel Dawan Kirk appeals his guilty
plea to assault and battery of a high and aggravated nature.  On appeal, Kirk's
counsel alleges the plea did not comply
with the mandates of 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[1] Kirk's appeal and grant counsel's motion to be relieved.

APPEAL
DISMISSED.

PIEPER and
GEATHERS, JJ., and CURETON, A.J., concur.

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