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2009-UP-355 - State v. Ashley

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Jonathan Ross Ashley, Appellant.


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


Unpublished Opinion No.  2009-UP-355
Submitted June 1, 2009 – Filed June 23, 2009


APPEAL DISMISSED


Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant.

Assistant Chief Legal Counsel John Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Jonathan Ross Ashley appeals the revocation of his probation, arguing trial court erred in giving decisive weight to the statement of the victim without a full evidentiary hearing.  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] Ashley's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


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