State v. Smith, Gerald

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.

Gerald Randal
Smith, Appellant.

Appeal from Richland County

 Clifton Newman, Circuit Court Judge

Reginald I. Lloyd, Circuit Court Judge

Unpublished Opinion No. 2008-UP-226

Submitted April 1, 2008 – Filed April 11,
2008   

APPEAL DISMISSED

Deputy Chief Attorney for Capital Appeals, Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W.
Elliott, of Columbia; and Warren B. Giese, Solicitor, of Columbia, for
Respondent.

PER CURIAM: 
Gerald Randal Smith pled guilty to
voluntary manslaughter before Judge Newman.  At the subsequent sentencing
hearing before Judge Lloyd, Smith was sentenced to twenty-seven years
imprisonment. Upon
reconsideration by the sentencing judge, his sentence was reduced to
twenty-four years.  On appeal, Smith alleges the plea judge improperly accepted
his plea because there was no factual basis for his plea.  Smith also filed a pro se brief, alleging the State violated his plea negotiations, and that
Judge Lloyd’s sentence was inappropriate.  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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED.

HEARN, C.J., PIEPER, J., and CURETON, A.J., concur.

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