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2008-UP-561 - State v. Miller

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.

John A. Miller, Appellant.


Appeal From Sumter County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2008-UP-561
Submitted October 1, 2008 – Filed October 10, 2008


APPEAL DISMISSED


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

Deputy Director for Legal Services Teresa A. Knox, of Columbia, for Respondent.

PER CURIAM:  John A. Miller violated the conditions of his probation by failing to report to his probation agent and getting arrested on additional charges.  His probation was revoked for two years.  Miller appeals his probation revocation, arguing the revocation should be vacated because there was no preliminary hearing.  Miller’s counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and asked to be relieved as counsel for Miller.  Miller 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 Miller’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED. 

SHORT, THOMAS, and PIEPER, JJ., concur.


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