State v. Johnson

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.

Heyward Johnson
#1, Appellant.

Appeal From Aiken County

 Ralph F. Cothran, Circuit Court Judge

Unpublished Opinion No. 2008-UP-444

Submitted August 1, 2008 – Filed August 6,
2008   

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Teresa A. Knox, Deputy Director for Legal Services, Tommy Evans,
Jr., Legal Counsel, and J. Benjamin Aplin, Legal Counsel, all of Columbia, for
Respondent.

PER CURIAM: Heyward
Johnson appeals the revocation of his probation.  Johnson argues the probation
judge erred in revoking his probation in a summary fashion without providing
him the opportunity to be heard, as guaranteed by the Fourteenth Amendment. 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 the appeal and
grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED.

KONDUROS, J., CURETON, A.J., and GOOLSBY, A.J., concur.

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