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2005-UP-038 - State v. Griffin

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.

Otis C. Griffin, III, Appellant.


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


Unpublished Opinion No. 2005-UP-038
Submitted December 1, 2004 – Filed January 14, 2005


APPEAL DISMISSED


Assistant Appellate Defender Eleanor Duffy Cleary, Office of Appellate Defense,  of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Office of the Attorney General, all of Columbia; and Solicitor Thomas E. Pope, of York, for Respondent.

PER CURIAM:  Appellant, Otis C. Griffin, III, was sentenced in October 1993 to fifteen years suspended with five years of probation for second degree burglary, in August 1996 to eight years suspended upon service of seven years with five years of probation for another second degree burglary, in October 1996 to five years with five years of probation for grand larceny and to eight years suspended upon service of seven years with five years probation for third degree burglary, and in May 2002 to 180 days suspended with one year of probation for malicious injury to real property.  In August 1996, the circuit court revoked seven years of appellant’s original fifteen-year sentence for the 1993 burglary and tolled probation while appellant was incarcerated.  Following a March 2003 probation revocation hearing, the court revoked Griffin’s suspended sentence in full for each charge.  Griffin’s counsel attached to the brief a petition to be relieved as counsel, stating that she had reviewed the record and concluded this appeal lacks merit.  Griffin did not file a separate pro se brief. 

After a thorough review of the record 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] the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

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


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