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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 AppealsThe 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Unpublished Opinion No. 2008-UP-677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 counsels 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 Smiths appeal and grant counsels 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.
Document Info
Docket Number: 2008-UP-677
Filed Date: 12/9/2008
Precedential Status: Non-Precedential
Modified Date: 10/22/2024