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2004-UP-587 - State v. Marchant

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.

Randy Marchant, Appellant.


Appeal From Dorchester County
 Diane Schafer Goodstein, Circuit Court Judge


Unpublished Opinion No.  2004-UP-587
Submitted November 1, 2004 – Filed November 17, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, 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:  Randy Marchant appeals the revocation of his probation for assault and battery of a high and aggravated nature.  Marchant’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Marchant’s appeal is without merit.  The sole issue briefed by counsel concerns whether the circuit court erred in failing to revoke Marchant’s probation without first providing him a preliminary hearing.  Marchant did not file a separate pro se reply 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.

HUFF, KITTREDGE, and BEATTY, JJ., concur.   


 1 We decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.