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2008-UP-510 - State v. Swyers

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.

Michael Richard Swyers, Appellant.


Appeal From York County
 John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-510
Submitted September 2, 2008 – Filed September 8, 2008   


APPEAL DISMISSED


Appellate Defender LaNelle C. DuRant, 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: Michael Richard Swyers appeals the revocation of his probation.  Swyers argues the probation judge erred in allowing the probation agent, a non-lawyer, to present the State’s case for revoking Swyers’ probation.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Swyers’ counsel attached a petition to be relieved, stating she reviewed the record and concluded this appeal lacks merit.  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] Swyers’ appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., and HUFF and GEATHERS, JJ., concur.


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