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2004-UP-168 - State v. Hardy

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.

James Ervin Hardy,        Appellant.


Appeal From York County
John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2004-UP-168
Submitted January 29, 2004 – Filed March 15, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Deputy Director for Legal Services, Legal Counsel Tommy Evans, Jr. and Legal Counsel J. Benjamin Aplin, all of Columbia, for Respondent.

PER CURIAM:  James Hardy was convicted of assault and battery of a high and aggravated nature on May 6, 1999, and was sentenced to ten years imprisonment, suspended upon the service of five years probation.  On January 10, 2003, Hardy appeared at a probation revocation hearing for several probation violations, including failing to report, failing to pay his restitution and supervision fee, and failing to cooperate with his anger management counseling.  Additionally, he tested positive for cocaine and marijuana less than a week before the probation revocation hearing.  At the hearing, Judge Hayes revoked Hardy’s probationary sentence.  On appeal, counsel for Appellant has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there were no meritorious grounds for appeal and requesting permission to withdraw from further representation.  Appellant has not filed a pro se response. 

After a thorough review of the record pursuant to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

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


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