State v. Jennings

CourtListener 10137015Scctapp07.05.2003

Gesamter Gesetzestext

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Harry Louis Jennings, Jr.,       
Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2003-UP-323

Submitted February 20, 2003 - Filed
May 7, 2003

APPEAL DISMISSED

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.

         
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.

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