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2004-UP-449 - State v. Flynn
THE STATE OF SOUTH CAROLINA

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.

Richard Burr Flynn, Appellant.


Appeal From Spartanburg County
 Larry R. Patterson, Circuit Court Judge


Unpublished Opinion No. 2004-UP-449
Submitted July 7, 2004 – Filed August 25, 2004


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda H. Haile, of Columbia, for Appellant.

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

PER CURIAM:  Richard Burr Flynn appeals the revocation of his probation, arguing the trial court abused its discretion by basing its decision partially on Flynn’s failure to pay supervision fees.  Flynn’s counsel attached a petition to be relieved as counsel, stating that she reviewed the record and concluded the appeal lacks merit.  Flynn did not file a separate 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 dismiss [1] Flynn’s appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF, JJ., and CURETON, A.J., concur.


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