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2009-UP-025 - State v. Smith

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.

Stephen Ray Smith, Appellant.


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


Unpublished Opinion No. 2009-UP-025
Submitted January 2, 2009 – Filed January 13, 2009


APPEAL DISMISSED


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

Legal Counsel Tommy Evans, Jr., and Assistant Chief Legal Counsel J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Stephen Ray Smith appeals his probation revocation and resulting eight year sentence.  Smith’s counsel argues the probation revocation was so summary the record is insufficient for review.  Smith filed a pro se brief, arguing ineffective assistance of counsel.   After a thorough review of the record and both briefs 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 Smith’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED. 

HUFF, THOMAS, and LOCKEMY, JJ., concur. 


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