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2004-UP-303 - State v. Mavins

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.

Charles Mavins, Appellant.


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


Unpublished Opinion No. 2004-UP-303
Submitted February 20, 2004 – Filed May 6, 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., Legal Counsel J. Benjamin Aplin, S.C. Dept. of Probation, of Columbia, for Respondent.

PER CURIAM:  Charles Mavins appeals the revocation of his probation.  Mavins’s appellate counsel has petitioned to be relieved as counsel, stating she has reviewed the record and has concluded Mavins’s appeal is without merit.  The issue briefed by counsel concerns whether there was an evidentiary showing of fact to justify the revocation.  Mavins 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 Mavins’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.