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2007-UP-499 - State v. Copeland

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.

John Copeland, Appellant.


Appeal From Aiken County
 Diane Schafer Goodstein, Circuit Court Judge


Unpublished Opinion No. 2007-UP-499
Submitted October 1, 2007 – Filed October 29, 2007


APPEAL DISMISSED


Eleanor Duffy Cleary, South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

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

PER CURIAM:  John Copeland appeals the circuit court’s revocation of his probation from his conviction for threatening the life of a public official.  Copeland argues the circuit court erred in revoking his probation without providing appellant with an opportunity to be heard.  We find this argument not preserved for our review because Copeland failed to voice any objections at the revocation hearing.  See State v. Adams, 354 S.C. 361, 380, 580 S.E.2d 785, 795 (Ct. App. 2003) (“Arguments not raised to or ruled upon by the trial court are not preserved for appellate review.”).  Copeland’s counsel has petitioned to be relieved as counsel, stating that he has reviewed the record and has concluded Copeland’s appeal is without merit.  Copeland 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.