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2008-UP-398 - State v. Mathis

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

State, Respondent,

v.

Tracy Mathis, Appellant.


Appeal From York County
Appeal From Aiken County
Diane Schafer Goodstein, Circuit Court Judge
Doyet A. Early, Circuit Court Judge


Unpublished Opinion No. 2008-UP-398
Submitted July 1, 2008 – Filed July 15, 2008   


APPEAL DISMISSED


Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

Deputy Director of Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr., and Legal Counsel J. Benjamin Aplin, Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, and Solicitor Thomas E. Pope, of York, for Respondent.

PER CURIAM:  Tracy Mathis appeals his guilty plea and the resulting revocation of his probation, arguing the trial court erred by sentencing him to four years imprisonment for breaking into a motor vehicle and revoking his probation without evidence his failure to report was willful.  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 Mathis’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED. 

HEARN, C.J., CURETON and GOOLSBY, A.J.J., concur.


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