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2004-UP-172 - State v. Stockwell

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.

Michael Stockwell,        Appellant.


Appeal From Aiken County
James R. Barber, Circuit Court Judge


Unpublished Opinion No. 2004-UP-172
Submitted January 29, 2004 – Filed March 16, 2004


APPEAL DISMISSED


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

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

PER CURIAM:  Michael Stockwell appeals the circuit court’s revocation of his probation from his conviction for assault and battery of a high and aggravated nature.  Stockwell’s appellate counsel has petitioned to be relieved as counsel, stating that he has reviewed the record and has concluded Stockwell’s appeal is without merit.  Stockwell 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 Stockwell’s appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, J.J., concur.   


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