State v. Green

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.

John Jabar Green, Appellant.

Appeal From Georgetown County
 Paula H. Thomas, Circuit Court Judge

Unpublished Opinion No.  2004-UP-464
Submitted September 14, 2004 Filed September 15, 2004

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, 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 John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Mr. Green appeals after pleading guilty to assault with the intent to kill (AWIK), and two counts of pointing and/or presenting a firearm.  The trial court sentenced him to eight years on the AWIK charge and five years suspended on time served and three years probation on the presenting charges.  On appeal, Green 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), Green's counsel attached a petition to be relieved stating that he has reviewed the record and found the appeal to be without merit.  Green 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]

GOOLSBY, ANDERSON, and WILLIAMS, JJ., concur.

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