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2012-UP-328 - State v. Mitchell

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.

 Eric C. Mitchell, Appellant.


Appeal From York County
John C. Hayes III, Circuit Court Judge


Unpublished Opinion No.  2012-UP-328
Submitted May 1, 2012 – Filed May 30, 2012


APPEAL DISMISSED


Appellate Defender Breen Richard Stevens, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  Eric C. Mitchell appeals his probation revocation, arguing the circuit court's questioning during the probation revocation hearing violated his due process rights and constituted a breach of the separation of powers doctrine.    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.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.


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