Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2004-UP-480 - State v. Chapman

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.

James Edward Chapman, Appellant.


Appeal From Pickens County
 Henry F. Floyd, Circuit Court Judge


Unpublished Opinion No. 2004-UP-480
Submitted September 15, 2004 – Filed September 16, 2004


APPEAL DISMISSED


Senior Assistant Appellate Defender Wanda P. Hagler, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.


PER CURIAM:  Appellant was convicted of two counts of second degree criminal sexual conduct and two counts of assault with intent to commit criminal sexual conduct in the second degree, and he received a probationary sentence.  The issue briefed by appellate counsel concerns whether the circuit court erred in revoking Appellant’s probation because no evidentiary basis exists to indicate that his failure to pay fees was willful.  Appellant’s counsel has petitioned to be relieved as counsel, stating that she has reviewed the record and has concluded the appeal is without merit.  Appellant has not filed a pro se brief.     

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 this appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

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


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