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2009-UP-379 - State v. Gregory

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.

Brian H. Gregory, Appellant.


Appeal From Spartanburg County
 Gordon G. Cooper, Circuit Court Judge


Unpublished Opinion No. 2009-UP-379
Submitted June 1, 2009 – Filed June 30, 2009   


APPEAL DISMISSED


Appellate Defender Elizabeth A. Franklin, of Columbia, for Appellant.

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

PER CURIAM:  While on probation for assault and battery of a high and aggravated nature, Brian H. Gregory became unemployed, absconded from supervision, and failed to pay monies he owed under his sentence.  The circuit court revoked Gregory's probation.  Gregory appeals, arguing the circuit court abused its discretion by revoking his probation without making a finding the victim's mother, who testified at the revocation hearing, was a "victim" within the meaning of the Victims' Bill of Rights.  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] Gregory's appeal and grant counsel's petition to be relieved. 

APPEAL DISMISSED.

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


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