State v. Cleveland

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.

Gregory Cleveland, Appellant.

Appeal From York County

 John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2005-UP-043

Submitted December 1, 2004 – Filed January
19, 2005

APPEAL DISMISSED

Assistance Appellate Defender Tara S. Taggart, 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, all of Columbia, for Respondent.

PER CURIAM:  In December 1987, Gregory Cleveland was sentenced to five
years suspended with five years of probation for malicious injury to real property,
with the sentence to run consecutive to one imposed for burglary under the same
indictment.  Following a probation revocation hearing, the court revoked Cleveland’s
suspended sentence.  Cleveland’s counsel attached to the brief a petition to
be relieved as counsel, stating that she had reviewed the record and concluded
this appeal lacks merit.  Cleveland filed a separate 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 dismiss [1] the appeal
and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

HUFF, KITTREDGE, and BEATTY, JJ., concur.

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