State v. Brandon Staley ( 2009 )

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

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The State, Respondent,

v.

Brandon Staley, Appellant.

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Appeal From Orangeburg County
James C. Williams, Jr., Circuit Court Judge

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Unpublished Opinion No.  2009-UP-566
Submitted December 1, 2009 – Filed December 2, 2009

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APPEAL DISMISSED

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Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; Solicitor David M Pascoe, Jr., of Orangeburg, for Respondent.

PER CURIAM:  Brandon Staley pled guilty to kidnapping, armed robbery, assault and battery with intent to kill, and two counts of first degree burglary.  He appeals, arguing his plea was not voluntary because the plea court failed to advise him it was not bound by the State's sentencing recommendation.  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., CURETON, A.J., and GOOLSBY, A.J., concur.

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