State v. Bailey

CourtListener 10137766Scctapp26 de ago. de 2004

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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.

Lashone Tremel Bailey, Appellant.

Appeal From York County

 John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2004-UP-453

Submitted July, 7, 2004 – Filed August 26, 2004

APPEAL DISMISSED

Assistant Appellate Defender Eleanor Duffy Cleary, Office of Appellate
Defense, 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 Thomas E. Pope, of York, for Respondent.

PER CURIAM:  Lashone Tremel Bailey appeals
his conviction for armed robbery.  Bailey argues the trial judge erred in accepting
his guilty plea because the plea failed to comply with the mandates set forth
in Boykin v. Alabama, 395 U.S. 238 (1969).  Bailey’s counsel attached
to the brief a petition to be relieved as counsel, stating that she had reviewed
the record and concluded this appeal lacks merit.  Bailey did not file a separate
pro se brief.  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
[1] Bailey’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.

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

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