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2009-UP-046 - State v. Tucker

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.

Kenneth M. Tucker, Appellant.


Appeal From Richland County
L. Casey Manning, Circuit Court Judge


Unpublished Opinion No.2009-UP-046
Submitted December 1, 2008 – Filed January 15, 2009


APPEAL DISMISSED


Appellate Defender M. Celia Robinson, of Columbia.

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: Kenneth M. Tucker appeals the revocation of his probation, arguing the trial court erred by revoking his probation without making a finding that his failure to pay fees was willful.  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 Tucker’s appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED. 

WILLIAMS, PIEPER, and GEATHERS, JJ., concu


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