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2004-UP-102 - State v. Boan

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Elbert Carson Boan, Jr.,        Appellant.


Appeal From Lexington County
Marc H. Westbrook, Circuit Court Judge


Unpublished Opinion No.2004-UP-102
Submitted December 23, 2003 – Filed February 18, 2004


APPEAL DISMISSED


Assistant Appellate Defender Eleanor Duffy Cleary, Office of Appellate Defense, of Columbia, for Appellant.

Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr. and Legal Counsel J. Benjamin Aplin, all of Columbia, for Respondents.

PER CURIAM:  Elbert Carson Boan, Jr., appeals the revocation of his suspended sentence.  Boan’s appellate counsel has petitioned to be relieved as counsel, stating she has reviewed the record and has concluded Boan’s appeal is without merit.  The issue briefed by counsel concerns whether the trial court abused its discretion in revoking seven years of Boan’s suspended sentence.  Boan has not filed any documents on his own behalf.

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 Boan’s appeal and grant counsel’s petition to be relieved. [1]

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.


[1]   Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.