State v. Nguyen ( 2003 )

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Brook Graham Nguyen, Appellant.

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Appeal From Greenville County
Larry R. Patterson, Circuit Court Judge

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Unpublished Opinion No.   2003-UP-318
Submitted February 20, 2003 - Filed May 7, 2003

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APPEAL DISMISSED

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Assistant Appellate Defender Aileen P. Clare, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney General John W. McIntosh; Assistant Deputy Attorney General Charles H. Richardson, of Columbia; Solicitor Robert M. Ariail, of Greenville; for Respondent.

PER CURIAM:  Brook G. Nguyen was indicted for breach of trust with fraudulent intent.  Nguyen pled guilty and was sentenced to five years imprisonment, suspended upon five years probation. The five years probation would terminate upon Nguyen’s completion of two years probation, performance of forty hours public service employment, and payment of fees and restitution.  Nguyen appeals, arguing that the circuit court abused its discretion in revoking her probation without a finding of willful violation. Counsel for Nguyen has filed a final brief and submitted a petition to be relieved as counsel.¹

After review of the record 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.

APPEAL DISMISSED.

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

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