State v. McFadden

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.

Andre McFadden, Appellant.

Appeal From Calhoun County

 James C. Williams, Jr., Circuit Court
Judge

Unpublished Opinion No. 2009-UP-270

Submitted May 1, 2009 – Filed June 2, 2009   

APPEAL DISMISSED

Appellate Defender LaNelle C. DuRant, 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 David Pascoe, of Orangeburg, for Respondent.

PER CURIAM:  Andre
McFadden appeals his guilty plea and sentence for burglary second-degree
violent, arguing the plea court erred in accepting his plea because it did not
explain the offense was a strike.  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., THOMAS, and KONDUROS, JJ.,
concur.

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