State v. Green ( 2007 )

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)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Antjuan Tobias Green, Appellant.

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Appeal From Laurens County
Roger L. Couch, Circuit Court Judge

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Unpublished Opinion No. 2007-UP-319
Submitted June 1, 2007 – Filed June 15, 2007  

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APPEAL DISMISSED

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Aileen P. Clare, Assistant Appellate Defender, South Carolina Commission on Indigent 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 South Carolina Department of Probation, Parole, and Pardon Services, of Columbia, for Respondent.

PER CURIAM:  Antjuan Green appeals his probation revocation, claiming the circuit court abused its discretion in revoking his probation as he did not willfully violate the terms of his probation.  Green’s counsel contends the circuit court’s order should be reversed and Green’s sentence should be vacated because the revocation was not based upon an evidentiary showing of fact tending to establish a violation of his probation agreement.  See State v. Hamilton, 333 S.C. 642, 648, 511 S.E.2d 94, 97 (Ct. App. 1999). 

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 Green’s appeal and grant counsel’s motion to be relieved.    

APPEAL DISMISSED. [1]

STILWELL, SHORT, and WILLIAMS, JJ., concur.

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