State v. Nealy ( 2003 )

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Johnny Andrew Nealy, Appellant.

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Appeal From Horry County
Edward B. Cottingham, Circuit Court Judge

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Unpublished Opinion No.  2003-UP-320
Submitted February 20, 2003 - Filed May 7, 2003  

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APPEAL DISMISSED

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Assistant Appellate Defender Robert M. Dudek, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Columbia; Solicitor John Gregory Hembree, of Conway; for Respondent.

PER CURIAM: Johnny Andrew Nealy appeals from his guilty plea to two counts of murder, first-degree lynching, criminal conspiracy, and possession of a knife during a violent crime.  Nealy argues the plea did not comply with the due process mandates of Boykin v. Alabama, 395 U.S. 238 (1965).  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 [1] Nealy’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CURETON and GOOLSBY, JJ., concur.

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