State v. Ayre

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.

James Ayre, Appellant.

Appeal From Berkeley County 

R. Markley Dennis, Jr., Circuit Court
Judge

Unpublished Opinion No. 2008-UP-489

Submitted August 1, 2008 – Filed August
15, 2008   

APPEAL DISMISSED

Appellate Defender LaNelle C. DuRant, 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; and Solicitor I. McDuffie Stone, III, of Beaufort, for Respondent.

PER
CURIAM:  James Ayre pled guilty to one count of criminal sexual
conduct with a minor first degree and one count of sexual exploitation of a
minor second degree, pursuant to Alford v. North Carolina, 400 U.S. 25
(1970).  Ayre contends the plea judge erred by not informing him criminal
sexual conduct with a minor first degree is a most serious offense and a
strike, and therefore, his plea was not voluntarily and intelligently entered. 
In his pro se brief Ayres argues: (1) the trial court erred by
not dismissing the charges against him in light of the Interstate Agreement on
Detainers violation; (2) the lack of his appearance, or that of counsel, at the
grand jury violated due process; (3) his plea was constitutionally deficient because
it was not knowingly or voluntarily made; and (4) he received ineffective
assistance of counsel.  After a thorough
review of the record 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.

KONDUROS, J.,
CURETON, and GOOLSBY, A.J.J., concur.

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