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2008-UP-403 - State v. Middleton

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.

Jeffrey Middleton, Appellant.


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


Unpublished Opinion No. 2008-UP-403
Submitted July 1, 2008 – Filed July 17, 2008   


APPEAL DISMISSED


Deputy Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

Teresa A. Knox, Deputy Director for Legal Services, Tommy Evans, Jr., Legal Counsel, and J. Benjamin Aplin, Legal Counsel, all of Columbia, for Respondent.

PER CURIAM:  Jeffrey Middleton appeals the revocation of his probation.  Middleton argues the circuit court erred in revoking his probation because his inability to pay restitution was beyond his control.  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] Middleton’s appeal and grant counsel’s motion to be relieved.

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.