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2008-UP-426 - State v. Owens

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.

Eric Shawn Owens, Appellant.


Appeal From Richland County
James W. Johnson, Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-426
Submitted July 1, 2008 – Filed July 23, 2008   


APPEAL DISMISSED


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

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

PER CURIAM:  Eric Shawn Owens violated the terms of his probation by failing to pay fees, breaking curfew, being in the presence of a child, and being in possession of pornographic materials and alcohol.  His probation was revoked for two years.  Owens seeks to have his revocation vacated, arguing the trial court erred by considering evidence seized during an illegal search and seizure of his mother’s house.  After a thorough review of the record and both 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 Owens’ 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.