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2004-UP-486 - 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.

Terrance Harris, Appellant.


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


Opinion No.   2004-UP-486
Submitted September 15, 2004 – Filed September 20, 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., and Legal Counsel J. Benjamin Aplin S.C. Dept. of Probation, all of Columbia; for Respondent.

PER CURIAM:  Terrance Harris pled guilty to second-degree burglary on August 16, 2001.  He was sentenced to fifteen years in prison, suspended on service of five years confinement and five years probation.  On March 5, 2003, the State issued a warrant for Harris’s arrest, alleging violations of the terms of his probation.  Harris’s probation was revoked during a probation hearing on July 23, 2003.  Harris appeals, arguing the evidence was not sufficient to establish that he violated his probation and did not justify revoking his probation.  On appeal, counsel for Harris has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there were no meritorious grounds for appeal and requesting permission to withdraw from further representation.  Harris has not filed 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.