State v. Darnell

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Lex Bry Darnell, Appellant.

Appeal From Spartanburg County

 Roger L. Couch, Circuit Court Judge

Unpublished Opinion No. 2009-UP-381

Submitted June 1, 2009 – Filed June 30,
2009  

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:  Lex
Bry Darnell pled guilty to one count of assault and battery of a high and
aggravated nature and was sentenced to ten years' imprisonment, suspended upon
the service of five years, with probation for the remaining five years. 
Darnell appeals, arguing the plea court erred in accepting his guilty plea despite
his disagreement with some of the facts presented by the State.  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] Darnell's appeal and grant counsel's petition to be relieved. 

APPEAL
DISMISSED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.

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