State v. Brown

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.

Mark Allen Brown, Appellant.

Appeal From Berkeley County

 John C. Few, Circuit Court Judge

Unpublished Opinion No. 2008-UP-364

Submitted July 1, 2008 – Filed July 11, 2008

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, South Carolina
Commission on Indigent Defense, Division of Appellate Defense, 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; Solicitor Ralph E. Hoisington, of Charleston, for
Respondent.

PER CURIAM: Mark
Allen Brown appeals his guilty plea for homicide by child abuse and sentence of
life without parole.  He argues the trial judge erred in accepting his plea
because Brown did not admit to showing an extreme indifference to human life, a
required element of the crime of homicide by child abuse.  S.C. Code Ann. §
16-3-85 (2003).  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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED

HEARN, C.J., CURETON and GOOLSBY, A.J.J. concur.

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