State v. Pyatt

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.

Christopher W. Pyatt, Appellant.

Appeal From Horry County
 J. Michelle Childs, Circuit Court Judge

Unpublished Opinion No. 2009-UP-251
Submitted May 1, 2009 Filed May 28, 2009   

APPEAL DISMISSED

Appellate Defender Kathrine H. Hudgins, 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 J. Gregory Hembree, of Horry, for Respondent.

PER CURIAM:  Christopher W. Pyatt appeals his guilty plea and sentence for possession of cocaine third offense, arguing his plea was not voluntary because the plea judge failed to advise Pyatt of the maximum penalty he faced.  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.