Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2010-UP-033 - The State v. David Westfall

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.

David Westfall, Appellant.


Appeal From Richland County
G. Edward Welmaker, Circuit Court Judge


Unpublished Opinion No. 2010-UP-033
Submitted January 4, 2010 – Filed January 26, 2010   


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant.

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

PER CURIAM:  David Westfall appeals his probation revocation, arguing the trial court abused its discretion in revoking his probation because there was insufficient evidence of his willful failure to pay supervision fees.  After a thorough review of the record and all briefs 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, A.C.J., GEATHERS, J., and CURETON, A.J., concur. 


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