State v. Pyatt

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.

Johnny Ray Pyatt, Appellant.

Appeal From Lancaster County

 Kenneth G. Goode, Circuit Court Judge

Unpublished Opinion No.  2005-UP-059

Submitted January 1, 2005 – Filed January
24, 2005

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, of Columbia, for Appellant.

Attorney General Henry
D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy
Attorney General Salley W. Elliott, all of Columbia; and Solicitor John R. Justice,
of Chester, for Respondent.

PER CURIAM:  Johnny Ray Pyatt appeals from his guilty plea to one charge
of failure to stop for law enforcement, one charge of petit larceny, one charge
of resisting arrest, and one charge of second-degree burglary, and three charges
of grand larceny of property valued at more than $1,000 but less than $5,000. 
Pyatt’s appellate counsel has petitioned to be relieved as counsel, stating
she has reviewed the record and has concluded Pyatt’s appeal is without merit. 
The sole issue briefed by counsel concerns whether the circuit court complied
with the mandates of Boykin v. Alabama, 395 U.S. 238 (1969) in accepting
Pyatt’s guilty plea.  Pyatt 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 find no directly appealable issues 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.