State v. O'Neal

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.

Michael O'Neal,       
Appellant.

Appeal From Beaufort County

Jackson V. Gregory, Circuit Court Judge

Unpublished Opinion No. 2004-UP-393

Submitted April 21, 2004 – Filed June 21, 2004

APPEAL DISMISSED

Chief Attorney Daniel T. Stacey, 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 Randolph  Murdaugh, III, of Hampton, for Respondent.

PER CURIAM:  Michael O’Neal pled guilty
to kidnapping and assault and battery of a high and aggravated nature.  He was
sentenced to concurrent sentences of 15 years for kidnapping, provided upon
the service of six years with the balance suspended upon four years probation,
and 10 years for assault and battery of a high and aggravated nature.  O’Neal
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 O’Neal
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.  O’Neal 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 BEATTY, JJ., concur.

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