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2009-UP-142 - State v. Emory

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.

Marcus Charles Emory, Appellant.


Appeal From York County
 Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2009-UP-142
Submitted March 2, 2009 – Filed March 12, 2009   


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM: Marcus Charles Emory appeals his probation revocation, arguing the trial court erred in revoking his probation in full because there was insufficient evidence to support a finding he violated the terms of his probation.  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 the appeal and grant counsel’s motion to be relieved.[1] 

APPEAL DISMISSED.

HUFF, WILLIAMS, and KONDUROS, JJ., concur.


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