State v. Swinton

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.

John N. Swinton, Appellant.

---

Appeal From Orangeburg County
James C. Williams, Jr., Circuit Court Judge

---

Unpublished Opinion No. 2009-UP-332
Submitted May 1, 2009 – Filed June 15, 2009   

---

APPEAL DISMISSED

---

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, all of Columbia; and Solicitor David M. Pascoe, Jr., of Orangeburg, for Respondent.

PER CURIAM:  John N. Swinton appeals from his guilty plea for obtaining property by false pretenses between one thousand and five thousand dollars.  On appeal, Swinton argues his plea did not comply with the mandates of Boykin v. Alabama, 395 U.S. 238 (1969).  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.

---

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