THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Tyrone R. Simon,        Appellant.

Appeal From Florence County
B. Hicks Harwell, Jr., Circuit Court Judge

Unpublished Opinion No. 2003-UP-223
Submitted January 29, 2003 – Filed March 20, 2003   

APPEAL DISMISSED

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

Attorney General Henry Dargan McMaster; Chief Deputy Attorney John W. McIntosh; Assistant Deputy Attorney General Charles H. Richardson, of Columbia; Solicitor Edgar Lewis Clements, III, of Florence; for Respondent.

PER CURIAM:  On September 18, 2001, Tyrone Simon pled guilty to assault and battery of a high and aggravated nature and was sentenced to ten years imprisonment. 

Simon’s appellate counsel submitted a petition to be relieved as counsel, stating he has reviewed the record and has concluded Simon’s appeal is without merit.  The issue raised in counsel’s brief concerns whether Simon’s guilty plea complied with the mandates set forth in Boykin v. Alabama, 395 U.S. 238 (1969).  Simon filed a document with the court containing similar arguments.

After a review of the record as required by Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss Simon’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

HEARN, C.J., and GOOLSBY and SHULER, JJ., concur.