State v. Lopez

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.

Ardelio X.
Lopez, Appellant.

Appeal From Horry County

 Thomas Russo, Circuit Court Judge

Unpublished Opinion No. 2008-UP-149

Submitted March 3, 2008 – Filed March 10,
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 Donald J. Zelenka, all
of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM: Ardelio Lopez (Lopez) appeals his guilty plea to
murder and assault and battery with intent to kill.  On appeal, Lopez maintains
his guilty plea failed to conform with the mandates set forth in Boykin v.
Alabama, 395 U.S. 238 (1969).  Specifically, Lopez maintains the trial
court abused its discretion by failing to adequately advise him of his
constitutional rights.  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 Lopez’s appeal and grant counsel’s motion to be relieved.

APPEAL
DISMISSED.[1]

HUFF,
KITTREDGE, and WILLIAMS, JJ., concur.

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