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2007-UP-457 - State v. Culley

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.

Michael W. Culley Appellant.


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


Unpublished Opinion No.  2007-UP-457
Submitted October 1, 2007 – Filed October 11, 2007


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, South Carolina Commission, of Columbia, for Appellant.

Deputy Director for Legal Services Teresa A Knox and Legal Counsel J. Benjamin Aplin, S.C. Dept. of Probation Parole & Pardon, of Columbia, for Respondent.

PER CURIAM:  Michael W. Culley appeals the revocation of his probation.  Culley argues the decision to revoke probation was arbitrary and capricious because there was insufficient evidence to establish Culley had violated his probation conditions.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Culley’s counsel attached a petition to be relieved, stating she reviewed the record and concluded this appeal lacks merit.  Culley did not file a pro se brief, but sent a letter requesting counsel not be relieved.  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[1] Culley’s appeal and grant counsel’s motion 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.