State v. Washington ( 2004 )

THIS OPINION HAS NO PRECEDENTIAL VALUE

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.

Nicholas Washington, Appellant.

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Appeal From Aiken County
James R. Barber, Circuit Court Judge

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Unpublished Opinion No. 2004-UP-639
Submitted December 1, 2004 – Filed December 16, 2004

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APPEAL DISMISSED

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Acting Deputy Chief Attorney Wanda P. Hagler, 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 Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Mr. Washington appeals after pleading guilty to one count of breaking and entering an automobile.  The circuit court sentenced Washington to eighteen months of shock incarceration.  On appeal, Washington argues his guilty plea failed to comply with the requirements set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Pursuant to Anders v. California, 386 U.S. 738 (1967), Washington’s counsel attached a petition to be relieved stating that she has reviewed the record and found the appeal to be without merit.  Washington did not file a separate pro se brief.

After a thorough review of the record pursuant to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

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

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