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2010-UP-043 - In The Interest Of David Tyler S

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

In The Interest Of David Tyler S., A Juvenile Under The Age Of Seventeen, Appellant.


Appeal From Anderson County
Timothy L. Brown, Family Court Judge


Unpublished Opinion No. 2010-UP-043
Submitted January 4, 2010 – January 26, 2010   


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, of Columbia, Christina Theos Adams, of Anderson, for Respondent.

PER CURIAM:  In March of 2008, David S., a minor under the age of seventeen, was sentenced to ninety days and nine months probation with the ninety days suspended for simple possession of marijuana, simple assault and battery and use of a vehicle without owner's permission.  Following a probation revocation hearing, the court revoked David S.'s suspended sentence.  David S.'s counsel attached to the brief a petition to be relieved as counsel, stating that she had reviewed the record and concluded this appeal lacks merit.  David S. did not file a pro se brief. 

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] the appeal and grant counsel's petition to be relieved.

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.