State v. Jennings ( 2003 )

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Harry Louis Jennings, Jr., Appellant.

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

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Unpublished Opinion No. 2003-UP-323
Submitted February 20, 2003 - Filed May 7, 2003

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APPEAL DISMISSED

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Chief Attorney Daniel T. Stacey, of Columbia, for Appellant.

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

PER CURIAM:  Harry Louis Jennings, Jr., appeals the revocation of his probation.  Jennings’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Jennings’s appeal is without merit.  The issue briefed by counsel concerns whether the trial court failed to exercise discretion in revoking Jennings’s probation in its entirety.  Jennings has filed a pro se document with this court challenging the subject matter jurisdiction of the trial court to sentence him for the underlying offense and to revoke his probation.

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 Jennings’s appeal and grant counsel’s petition to be relieved.¹

APPEAL DISMISSED.

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