State v. holliday ( 2004 )

THIS OPINION HAS NO PRECEDENTIAL VALUE

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(1), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

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The State, Respondent,

v.

Franklin Wayne Holliday, 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Unpublished Opinion No. 2004-UP-641
Submitted December 1, 2004 – Filed December 20, 2004   

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APPEAL DISMISSED

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Acting Chief Appellate Defender Joseph L. Savitz, III, of Columbia for Appellant.

Teresa A. Knox, Tommy Evans, Jr., J. Benjamin Aplin, South Carolina Department of Probation, Parole and Pardon Services of Columbia, for Respondent.

PER CURIAM:  Franklin Wayne Holliday appeals arguing the trial judge abused his discretion in revoking his probation.  Holliday’s counsel attached to the final brief a petition to be relieved as counsel, stating he had reviewed the record and concluded this appeal lacks merit.  After a thorough review of the record and counsel’s brief 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 [1] the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

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

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