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2004-UP-469 - State v. Harris

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.

Garland W. Harris, Appellant.


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


Opinion No.   2004-UP-469
Submitted September 15, 2004 – Filed September 16, 2004


APPEAL DISMISSED


Assistant Appellate Defender Eleanor Duffy Cleary, Office of Appellate Defense, of Columbia; Garland W. Harris #252650, Manning Correctional, of Columbia, for Appellant.

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

PER CURIAM:  Garland W. Harris appeals the revocation of his probationary sentence.  In 1998, Harris was convicted of seven counts of burglary, four counts of grand larceny, and four counts of petit larceny.  He was sentenced to a total of fifteen years imprisonment, suspended upon the service of seven years and five years probation, and ordered to pay restitution.  On February 3, 2003, Harris’s probation was revoked due to numerous violations. 

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Harris attached to the final brief a petition to be relieved as counsel, stating she had reviewed the record and concluded Harris’s appeal is without legal merit sufficient to warrant a new trial.  Harris did not file 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]

STILWELL, BEATTY, and SHORT, JJ., concur.


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