State v. Burns

THE STATE OF SOUTH CAROLINA

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.

Alan L. Burns,        Appellant,

Appeal From Charleston County
A. Victor Rawl, Circuit Court Judge

Unpublished Opinion No.  2004-UP-492
Submitted September 15, 2004 Filed September 22, 2004 

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda H. Haile, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Alan L. Burns appeals his convictions for second-degree criminal sexual conduct with a minor and lewd act upon a minor.  Burns argues the trial judge erred in accepting his guilty pleas prior to the State's summary of the facts leading to his arrest.  Burns's counsel attached to the brief a petition to be relieved as counsel, stating that she had reviewed the record and concluded this appeal lacks merit.  Burns filed a separate pro se brief arguing his plea was not knowingly, voluntarily and intelligently made and arguing the trial judge erred in refusing to address his motion to dismiss and post-trial motions.  After a thorough review of the record, counsel's brief, and Burns's pro se 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] Burns's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.

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