State v.McCormick ( 2004 )

THIS OPINION HAS NO PRECEDENTAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

John Joseph McCormick, Appellant.

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

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Unpublished Opinion No. 2004-UP-144
Submitted December 23, 2003 – Filed March 1, 2004

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APPEAL DISMISSED

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Assistant Appellate Defender Robert M. Pachak, 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, S.C. Dept. of Probation, all of Columbia, for Respondent.

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PER CURIAM:  John Joseph McCormick appeals the circuit court’s revocation of his probation from his convictions of breaking into coin operated machines and second degree burglary.  McCormick’s appellate counsel has petitioned to be relieved as counsel, stating that he has reviewed the record and has concluded McCormick’s appeal is without merit. McCormick has not filed a pro se brief. 

After a thorough 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 hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss McCormick’s appeal and grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.  

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