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2008-UP-448 - State v. Hargett

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.

David Carson Hargett, Appellant.


Appeal From York County
 Larry R. Patterson, Circuit Court Judge


Unpublished Opinion No. 2008-UP-448
Submitted August 1, 2008 – Filed August 7, 2008   


APPEAL DISMISSED


Appellate Defender Lanelle C. Durant, of Columbia, for Appellant.

Teresa A. Knox, Tommy Evans, Jr., and John Benjamin Aplin, all of Columbia, for Respondent.

 

PER CURIAM: David Carson Hargett appeals the revocation of his probation.  Hargett argues his sentence is unconstitutionally disproportionate and constitutes cruel and unusual punishment under the circumstances.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Hargett’s counsel attached a petition to be relieved, stating she reviewed the record and concluded this appeal lacks merit.  Hargett did not file a pro se brief.  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] Hargett’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

KONDUROS, J., CURETON, A.J., and GOOLSBY, A.J., concur.


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