State v. Elrod ( 2008 )

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.

Anthony Jay Elrod, Appellant.

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Appeal From York County
G. Thomas Cooper, Jr., Circuit Court Judge

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Unpublished Opinion No.   2008-UP-308
Submitted June 1, 2008 – Filed June 12, 2008

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DISMISSED

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Deputy Chief Attorney for Capital Appeals Robert M. Dudek, South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: Anthony Elrod appeals from his guilty plea to escape, contending the circuit court committed reversible error in accepting Elrod’s plea without obtaining a waiver of his right to confrontation, thereby failing to comply with the mandates of Boykin v. Alabama, 395 U.S. 238 (1969).  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 Elrod’s appeal and grant counsel’s motion to be relieved.[1]

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.