State v. Bennett

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.

Roger Keith Bennett,       
Appellant.

Appeal From Greenville County

Reginald I. Lloyd, Circuit Court Judge

Unpublished Opinion No. 2005-UP-071

Submitted January 1, 2005 – Filed January
26, 2005

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, 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 Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Roger Keith Bennett appeals
his conviction for reckless homicide.  Bennett’s appellate counsel has petitioned
to be relieved as counsel, stating he has reviewed the record and has concluded
Bennett’s appeal lacks merit.  The sole issue briefed by counsel concerns whether
the circuit court failed to comply with the mandates of Boykin v. Alabama,
395 U.S. 238 (1969) in determining whether he knowingly, voluntarily, and intelligently
plead guilty.  Bennett did not file a separate pro se reply brief.

After a review of the record as required by Anders
v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C.
116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues
that are arguable on their merits.  Accordingly, we dismiss this appeal and
grant counsel’s petition to be relieved.1

APPEAL DISMISSED.

HUFF, KITTREDGE, and BEATTY, JJ., concur.   

         
1  We decide this case without oral argument pursuant to Rules
215 and 220(b)(2), SCACR.