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2004-UP-205 - State v. Stingley

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.

Jeffrey Brian Stingley,        Appellant.


Appeal From Richland County
Kenneth G. Goode, Circuit Court Judge


Unpublished Opinion No. 2004-UP-205
Submitted January 29, 2004 – Filed March 24, 2004


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, 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, S.C. Dept. of Probation, all of Columbia, for Respondent.

PER CURIAM: Jeffrey Brian Stingley pled guilty to second-degree burglary, non-violent.  He was sentenced to ten years in prison, suspended on service of seven years confinement and two years probation.  On February 11, 2003, the State issued a warrant for Stingley’s arrest, alleging violations of the terms of his probation.  During a probation hearing in March 2003, Stingley’s probation was revoked and two years of his suspended sentence were imposed.  Stingley appeals, arguing the evidence was not sufficient to establish that he violated his probation and did not justify revoking his probation.  On appeal, counsel for Stingley 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.  Stingley 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.