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2009-UP-469 - State v. Sanders

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.

Calvin Bernard Sanders, Appellant.


Appeal From Darlington County
Howard P. King, Circuit Court Judge


Unpublished Opinion No.  2009-UP-469
Submitted October 1, 2009 – Filed October 13, 2009


APPEAL DISMISSED


Chief Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant

Legal Counsel John B. Aplin, of Columbia, for Respondent.

PER CURIAM:  Calvin Bernard Sanders appeals his probation revocation, arguing the trial court erred in revoking his probation without first affording him an opportunity for allocution.  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, THOMAS, and PIEPER, JJ., concur.


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