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2007-UP-438 - State v. Shell

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.

Jonathan Devere Shell, Appellant.


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


Unpublished Opinion No. 2007-UP-438
Submitted October 1, 2007 – Filed October 9, 2007   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary,of Columbia, for Appellant.

Deputy Director for Legal Services Teresa A. Knox; Legal Counsel Benjamin J. Aplin, both of Columbia, for Respondent.

PER CURIAM: Jonathan Devere Shell appeals the revocation of two years of his suspended sentence.  Shell contends there was no evidentiary showing of facts to support the circuit court’s decision to revoke his suspended sentence.  Shell’s counsel attached a petition to be relieved, stating she reviewed the record and concluded this appeal lacks merit.  Shell did not file a pro se response brief.  After a thorough review of the record and counsel’s brief, 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 Shell’s appeal and grant counsel’s motion 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.