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2007-UP-484 - State v. Curry

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.

Shaun Curry, Appellant.


Appeal From Aiken County
 Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No.  2007-UP-484
Submitted October 1, 2007 – Filed October 12, 2007


APPEAL DISMISSED


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

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

PER CURIAM:  Shaun Curry appeals the revocation of his probation.  Curry had been previously sentenced for shoplifting and received a sentence of three years, suspended on two years probation.  Curry’s probation violations were failure to report to his probation agent and failure to pay fees and fines.  Curry argues the court should have considered Curry’s failure to report to his probation agent was due to circumstances beyond his control.  Curry did not file a pro se brief.  After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1969), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the 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, SCRACR.