State v. Barr

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.

Darrell Barr, Appellant.

Appeal From Lexington County

 William P. Keesley, Circuit Court Judge

Unpublished Opinion No.  2008-UP-358

Submitted July 1, 2008 – Filed July 10,
2008

APPEAL DISMISSED

Joseph L. Savitz, III, South Carolina Commission on Indigent
Defense, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott
and Assistant Deputy Attorney General Donald J. Zelenka, Office of the Attorney
General, and Solicitor Donald V. Myers, all of Columbia; for Respondent.

PER CURIAM: Darrell Barr was convicted of first-degree burglary,
murder, first-degree criminal sexual conduct, and kidnapping.  Barr appeals,
arguing his guilty plea should be invalidated because it appears he entered the
plea to escape the death penalty.[1] 
Barr did not file 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[2] Barr’s appeal and grant counsel’s petition to be relieved. 

APPEAL
DISMISSED.

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

[1] Barr is mentally retarded and therefore ineligible
for the death penalty.  See Atkins v. Virginia, 536 U.S. 304, 321 (2002). 

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