State v. Martin

CourtListener 10154958Scctapp7 apr 2008

Testo completo

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.

Larry Gene
Martin, Appellant.

Appeal from Horry County

 Edward B. Cottingham, Circuit Court Judge

Unpublished Opinion No.  2008-UP-218

Submitted April 1, 2008 – Filed April 7,
2008 

APPEAL DISMISSED

Deputy Chief Attorney, Robert M. Dudek, 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; J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Larry Gene Martin appeals his
guilty plea for criminal sexual conduct with a minor in the second degree.  The
trial judge sentenced him to eighteen years imprisonment.  Martin claims the trial court failed to adequate advise him
regarding the waiver of his constitutional rights in violation of Boykin v. Alabama, 395 U.S. 238 (1969). 
Martin’s counsel attached a petition to be relieved, stating he reviewed the record and concluded this
appeal lacks merit.  Martin filed a pro se response brief.  After a thorough
review of the record, counsel’s brief and Martin’s pro se 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 his appeal and grant counsel’s
motion to be relieved.[1]

APPEAL
DISMISSED.

ANDERSON, SHORT, and THOMAS JJ., concur

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

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