Opinion
Appellate Case No. 2010-154478 Unpublished Opinion No. 2013-UP-160
04-17-2013
Tyron L. Sims, Petitioner, v. State of South Carolina, Respondent.
Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Adam West Lee, all of Columbia, for Respondent.
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.
Appeal From Lexington County
R. Lawton McIntosh, Circuit Court Judge
APPEAL DISMISSED
Appellate Defender Robert M. Pachak, of Columbia, for Petitioner.PER CURIAM : Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief. The State consents to Petitioner's request for a belated direct appeal. Accordingly, we grant certiorari and proceed with a review of the direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986). Petitioner appeals his conviction of first-degree burglary, arguing the trial court erred in failing to comply with the plea requirements pursuant to Boykin v. Alabama, 395 U.S. 328 (1969), because the trial court did not advise Petitioner that he could not be convicted at a trial by jury unless the jury returned a unanimous verdict. After a thorough review of the record and all briefs pursuant to Anders v. California, 386 U.S. 738 (1967), we dismiss Petitioner's appeal and grant counsel's motion to be relieved. APPEAL DISMISSED.
Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Adam West Lee, all of Columbia, for Respondent.
We decide this case without oral argument pursuant to Rule 215, SCACR.