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2009-UP-485 - State v. Polite

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.

Hayes Polite, Appellant.


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


Unpublished Opinion No. 2009-UP-485
Submitted October 1, 2009 – Filed October 15, 2009   


APPEAL DISMISSED


Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

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

PER CURIAM:  Hayes Polite appeals his probation revocation, arguing the trial court erred in revoking his probation because insufficient evidence existed to support the revocation, and the trial court did not make a finding that Polite's failure to pay fines and 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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED. 

Hearn, C.J., Konduros, and Lockemy, JJ.,  concur.


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