State v. Thomas

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.

Ricky A. Thomas, Appellant.

Appeal From Barnwell County

 Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2007-UP-00137

Submitted April 2, 2007 – Filed April 3, 2007  

APPEAL DISMISSED

Acting Chief Attorney Joseph L. Savitz III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM: Ricky A. Thomas appeals his guilty plea and sentence of nine years imprisonment suspended upon the service of six years for burglary in the second degree.  Thomas argues his guilty plea was conditional, and thus invalid, because the plea judge advised him of his right to appeal.  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] Thomas’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., and GOOLSBY and STILWELL, JJ., concur.

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