State v. Perry

• Court: Court of Appeals of South Carolina
• Decided: October 11, 2007
• Docket: 2007-UP-467
• Status: Unpublished

Opinion

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 Rozier Perry, Appellant.

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Appeal from Greenville County
 Edward W. Miller, Circuit Court Judge

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Unpublished Opinion No. 2007-UP-467
Submitted October 1, 2007 – Filed October 11, 2007   

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APPEAL DISMISSED

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Chief Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Nicholas Rozier Perry pled guilty to two counts of murder, for which he received two thirty year sentences.  On appeal, Perry contends the plea judge erred in accepting his guilty plea without a factual basis.  Perry’s counsel attached a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit.  Perry also filed a pro se response brief reiterating appellate counsel’s argument and additionally asserting a denial of due process based on the incomplete transcript filed by appellate counsel.  After a thorough review of the record, counsel’s brief, and Perry’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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

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

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