State v. Smith

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.

Terry Lee Smith, Appellant.

Appeal From Spartanburg County

Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2008-UP-677

Submitted December 1, 2008 – Filed
December 9, 2008   

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, 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 Harold W. Gowdy, III, of Spartanburg, for
Respondent.

PER CURIAM:  Terry Lee Smith pled guilty but mentally ill pursuant
to North Carolina v. Alford, to kidnapping, armed robbery, car jacking,
common law robbery, and assault and battery of a high and aggravated nature. 
Smith received concurrent sentences of twenty-three, twenty-three, twenty,
fifteen, and ten years, respectively.  Smith argues the trial court erred by
failing to conduct a State v. Blair, 275 S.C. 529, 273 S.E.2d 536
(1981), hearing to determine his competence before accepting his plea.   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 Smith’s appeal
and grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED. 

HEARN, C.J., SHORT and KONDUROS, JJ., concur. 

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