Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2005-UP-068 - State v. Gordon

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.

Derrick B. Gordon,        Appellant.


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


Unpublished Opinion No.  2005-UP-068
Submitted January 1, 2005 – Filed January 26, 2005


APPEAL DISMISSED


Assistant Appellate Defender Aileen P. Clare, Office of Appellate Defense, 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:  Derrick Gordon pled guilty to pointing a firearm and criminal domestic violence.  He was sentenced to five years in prison, suspended on service of one year of probation.  On October 8, 2003, the State issued a warrant for Gordon’s arrest, alleging violations of the terms of his probation.  During a probation hearing on December 12, 2003, Gordon’s probation was revoked and his entire suspended sentence was imposed.  Gordon appeals, arguing the evidence was insufficient to establish he violated his probation and did not justify revoking his probation.  On appeal, counsel for Gordon 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.  Gordon 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]

ANDERSON, STILWELL, and SHORT, JJ., concur.


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