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2004-UP-457 - State v. Wells

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.

Tymon Wells, Appellant.


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


Unpublished Opinion No. 2004-UP-457
Submitted July 7, 2004 – Filed August 26, 2004


APPEAL DISMISSED


Assistant Appellate Defender Tara S. Taggart, 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:  Tymon Wells was sentenced to two years probation for being a habitual traffic offender.  His probation was revoked as a result of his convictions for driving under suspension, assault and battery, and failure to pay supervision fees.  Wells appeals arguing the judge’s decision to revoke his probation was arbitrary and capricious because Wells presented evidence in mitigation of his violations.  Wells’s counsel attached to the brief a petition to be relieved as counsel, stating she had reviewed the record and concluded this appeal lacks merit.  Wells did not file a separate pro se brief.  After a thorough review of the record and counsel’s brief 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] Wells’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.


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