State v. Martin

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.

Kimberly Denise
Martin, Appellant.

Appeal From Pickens County

 John C. Few, Circuit Court Judge

Unpublished Opinion No. 2008-UP-442

Submitted August 1, 2008 – Filed August 6,
2008

APPEAL DISMISSED

Deputy Chief Attorney for Capital Appeals 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; Solicitor Robert Mills Ariail, of Greenville; for Respondent.

PER CURIAM:  Kimberly
Denise Martin appeals her guilty plea for trafficking in cocaine, possession
with intent to distribute cocaine within close proximity of a school or park,
trafficking methamphetamine, possession with intent to distribute
methamphetamine within close proximity of a school or park, possession of
hydrocodone.  The plea judge sentenced her to twelve years for each trafficking
charge, and ten years for the proximity charges, six months imprisonment for possession
of hydrocodone. Counsel argues the guilty plea should be vacated because there
was no meaningful waiver of her constitutional rights under the mandates of Boykin
v. Alabama, 395 U.S. 238 (1969).  Martin also submitted a pro se brief.  After a thorough review of the record and both briefs pursuant to Anders v.
California, 386 U.S. 738 (1967), we dismiss[1] Martin’s appeal and grant counsel’s motion to be relieved. 

APPEAL DISMISSED.

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

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