State v. Johnson

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Randy Johnson #2,       
Appellant.

Appeal From Florence County

B. Hicks Harwell, Jr., Circuit Court Judge

Unpublished Opinion No. 2003-UP-627

Submitted August 20, 2003 – Filed
October 22, 2003

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, 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 & Pardon Services, of Columbia,
for Respondent.

PER CURIAM:  Randy Johnson appeals the revocation of his probationary
sentence.  Initially, Johnson had been sentenced to ten years, suspended upon
the service of five years probation, for aggravated assault and battery, and
ten years, suspended upon the service of five years probation for shoplifting,
fourth offense.  Thereafter, Johnson’s probation was revoked due to violations. 
In regard to Johnson’s sentence, the judge ruled: “[B]oth of them are revoked
to run concurrent, suspended upon the service of five (5) years.”  Johnson’s
appellate counsel filed a brief pursuant to Anders v. California, 386
U.S. 738 (1967).  Counsel additionally submitted a petition to be relieved from
representation, asserting there are no directly appealable issues of arguable
merit.  Johnson did not file a pro se response with the Court.

After a review of the record pursuant to Anders and State
v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal
and grant counsel’s petition to be relieved.
[1]

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

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