State v. Hart ( 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 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent

v.

Kia M. Hart, Appellant

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Appeal from Lexington County
R. Knox McMahon, Circuit Court Judge

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Unpublished Opinion No. 2009-UP-022
Submitted January 2, 2009 – Filed January 9, 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, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: Kia M. Hart pled guilty to accessory before the fact of kidnapping in October 16, 2006, but her sentencing was deferred until April 3, 2007.  After being sentenced, Hart appealed, arguing the trial court should have asked her if she wanted to withdraw her guilty plea before she reaffirmed it prior to sentencing.  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 Hart’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

WILLIAMS, PIEPER, and GEATHERS, JJ., concur.

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