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2007-UP-390 - State v. Rose

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.

James Leslie Rose, Jr., Appellant.


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


Unpublished Opinion No. 2007-UP-390   
Submitted September 1, 2007 – Filed September 24, 2007


APPEAL DISMISSED


Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

Teresa A. Knox, Tommy Evans Jr., and J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  James Leslie Rose, Jr., appeals the circuit court’s revocation of his probation from his conviction for aggravated stalking.  Rose argues the circuit court erred in revoking his probation.  We disagree.  “The determination of whether or not to revoke probation is within the trial court’s discretion.”  State v. Pauling, 371 S.C. 435, 430, 639 S.E.2d 680, 681 (Ct. App. 2006).  Our authority to review this determination is “confined to correcting errors of law unless the lack of a legal or evidentiary basis indicates the circuit judge’s decision was arbitrary and capricious.”  Id.  Here, Rose admitted he violated the terms of his probation.  Further, the record demonstrates an evidentiary basis for the circuit court’s decision.  Rose’s counsel has petitioned to be relieved as counsel, stating that he has reviewed the record and has concluded Rose’s appeal is without merit.  Rose has not filed a 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 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.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.


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