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2004-UP-152 - State v. Haaker

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON 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.

John R. Haaker,        Appellant.


Appeal From Greenville County
C. Victor Pyle, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-152
Submitted January 28, 2004 – Filed March 2, 2004


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda P. Hagler , Office of Appellate Defense, of Columbia, for Appellant,

Legal Counsel Tommy Evans, Jr., Legal Counsel J. Benjamin Aplin, Deputy Director for Legal Services Teresa A. Knox, S.C. Dept. of Probation, of Columbia, for Respondent.


PER CURIAM:  John R. Haaker appeals the circuit court’s revocation of his probation for malicious injury to property.  He asserts the circuit court erred in revoking his probation in part because there was no evidence indicating he willfully failed to pay the fees.   Haaker’s appellate counsel has petitioned to be relieved as counsel, stating that she has reviewed the record and has concluded Haaker’s appeal is without merit.  Haaker has not filed a pro se brief. 

After a thorough review of the record 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 hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss Haaker’s appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

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


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