State v. Frazier

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.

Herbert T. Frazier,       
Appellant.

Appeal From Clarendon County

Thomas W. Cooper, Jr., Circuit Court
Judge

Unpublished Opinion No. 2004-UP-266

Submitted February 20, 2004 – Filed
April 19, 2004

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, Office of Appellate
Defense, of Columbia, for Appellant.

Attorney General Henry Dargan
McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney
General Charles H. Richardson, all of Columbia; and Solicitor Cecil Kelley Jackson,
of Sumter, for Respondent.

PER CURIAM:  Herbert Frazier pled guilty
to assault and battery with intent to kill (ABWIK) and discharging a firearm
into a dwelling.  He was sentenced to concurrent sentences of seven years for
ABWIK and ten years for discharging a firearm.  Frazier appeals, arguing his
guilty plea did not comply with the mandates set forth in Boykin v. Alabama,
395 U.S. 238 (1969).  On appeal, counsel for Frazier has filed a brief pursuant
to Anders v. California, 386 U.S. 738 (1967), asserting that there were
no meritorious grounds for appeal and requesting permission to withdraw from
further representation.  Frazier has not filed a pro se response. 

After a thorough review of the record pursuant
to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357
(1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.

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