State v. Pogue ( 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.

Joshua Pogue, Appellant.

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Appeal From Richland County
James R. Barber, III, Circuit Court Judge

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Unpublished Opinion No.   2009-UP-318
Submitted May 1, 2009 – Filed June 11, 2009

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APPEAL DISMISSED

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Appellate Defender Lanelle C. Durant, 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; and Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM:  Joshua Pogue appeals from his guilty plea to assault and battery with intent to kill and possession of a pistol by a person under twenty-one.  On appeal, Pogue argues the plea judge erred in failing to insure that the guilty plea was entered voluntarily and knowingly.  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., THOMAS, and KONDUROS, JJ., concur.

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