State v. Jayne ( 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

The State, Respondent,

v.

James G. Jayne, Appellant.

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Appeal From Lexington County
L. Casey Manning, Circuit Court Judge

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Unpublished Opinion No.  2009-UP-373
Submitted June 1, 2009 – Filed June 29, 2009

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APPEAL DISMISSED

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Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Salley W. Elliott, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: James G. Jayne appeals his Alford[1] pleas and sentences for kidnapping and first-degree criminal sexual conduct, and his guilty plea and sentence for criminal domestic violence of a high and aggravated nature, arguing his plea was invalid as a conditional plea and the State improperly withheld information under Brady v. Maryland, 373 U.S. 83 (1963).  After a thorough review of the record, counsel’s brief, and Jayne’s pro se 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.[2]

APPEAL DISMISSED.

HEARN, C.J., and THOMAS and KONDUROS, JJ., concur.

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[1] North Carolina v. Alford, 400 U.S. 25 (1970).  

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