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2008-UP-158 - State v. Garza

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.

Charles E. Garza, Appellant.


Appeal From Greenville County
 Diane Schafer Goodstein, Circuit Court Judge


Unpublished Opinion No.  2008-UP-158
Submitted March 3, 2008 – Filed March 12, 2008


APPEAL DISMISSED


Appellate Defender LaNelle C. DuRant, South Carolina Commission of Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

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

PER CURIAM: Charles Garza appeals his probation revocation, arguing the amount of revocation is unconstitutionally disproportionate and constitutes cruel and unusual punishment.  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] Garza’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

ANDERSON, SHORT, and THOMAS, JJ., concur.


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