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2011-UP-320 - State v. Bailey

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.

Nicole Bailey, Appellant.


Appeal From Cherokee County
Roger L. Couch, Circuit Court Judge


Unpublished Opinion No. 2011-UP-320
Submitted May 1, 2011 – Filed June 22, 2011   


APPEAL DISMISSED


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

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Nicole Bailey appeals the circuit court's partial revocation of her probation, arguing the circuit court abused its discretion in failing to take into account mitigating circumstances.  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.

FEW, C.J., CURETON, A.J., and GOOLSBY, A.J., concur.


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