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2007-UP-286 - State v. Harrison

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDINGEXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Eric Harrison, Appellant.


Appeal From Aiken County
 Reginald I. Lloyd, Circuit Court Judge


Unpublished Opinion No.  2007-UP-286
Submitted June 1, 2007 – Filed June 7, 2007


APPEAL DISMISSED


Chief Attorney Joseph L. Savitz, III, South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

J. Benjamin Aplin, South Carolina Department of Probation, Parole & Pardon, of Columbia, for Respondent.

PER CURIAM:  Eric Harrison appeals his probation revocation.  Harrison argues the trial court erred in revoking his probation without first apprising him of his constitutional rights pursuant to Boykin v. Alabama, 395 U.S. 238 (1969).  This issue is not preserved for appeal.  State v. Adams, 354 S.C. 361, 380, 580 S.E.2d 785, 795 (Ct. App. 2003) (“Arguments not raised to or ruled upon by the trial court are not preserved for appellate review.”).  After a thorough review of the record and briefs, 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 the appeal and grant counsel’s petition to be relieved.     

APPEAL  DISMISSED.

HEARN, C.J., KITTREDGE, J., and CURETON, A.J., concur.