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2007-UP-405 - State v. Henson

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.

Duane Henson, Appellant.


Appeal From Spartanburg County
Gordon G. Cooper, Circuit Court Judge


Unpublished Opinion No.  2007-UP-405
Submitted October 1, 2007 – Filed October 4, 2007


APPEAL DISMISSED


Appellate Defender Aileen P. Clare, South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Teresa A Knox, S.C. Dept. of Probation Parole & Pardon, of Columbia, for Respondent.

PER CURIAM:  Appellant, Duane Henson, was convicted of possession of crack cocaine and sentenced to five years imprisonment, suspended upon service of five years of probation.  Following a probation revocation hearing, the court revoked two years of Henson’s suspended sentence and terminated his probation.  Henson’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.  Henson 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.

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


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