State v. Dunbar ( 2003 )

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Kelvin Dunbar, Appellant.

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Appeal From Aiken County
William P. Keesley, Circuit Court Judge

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Unpublished Opinion No. 2003-UP-186
Submitted January 10, 2003 – Filed March 11, 2003

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APPEAL DISMISSED

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Chief Attorney Daniel T. Stacey, of SC Office of Appellate Defense, of Columbia, for Appellant.

Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr., and Legal Counsel J. Benjamin Aplin, all of Columbia, for Respondent.

PER CURIAM:  Kelvin Dunbar was sentenced to five years in prison suspended with two years probation, with credit for eighty-one days in jail, for possession of a stolen vehicle, simple assault, and trespassing.  Dunbar was brought before the court for a second time for violating the following provisions of his probation: not reporting to the probation officer, being convicted of criminal domestic violence, and not paying supervision fees or surcharge.  The trial court revoked thirty months of Dunbar’s probation and gave him credit for time served.  Dunbar appeals.

Dunbar’s appellate counsel submitted a petition to be relieved as counsel, stating he had reviewed the record and has concluded Dunbar’s appeal is without merit.  The issue raised in counsel’s brief concerns whether the trial judge abused his discretion in revoking thirty months of Dunbar’s sentence.  Dunbar filed a document with the court containing numerous arguments.

After a review of the record as required by Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss Dunbar’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED.

HEARN, C.J., GOOLSBY, and SHULER, JJ., concur.

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[1]   Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.