State v. Shealy

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Donnie Shealy,       
Appellant,

Appeal From Lexington County

Marc H. Westbrook, Circuit Court Judge

Unpublished Opinion No. 2003-UP-555

Submitted July 15, 2003 – Filed September
26, 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., Legal Counsel J. Benjamin Aplin,
and S.C. Dept. of Probation, Parole and Pardon Services, of Columbia; for Respondent.

PER CURIAM:  Donnie Shealy appeals from
his probation revocation, arguing his right to due process was violated because
he was not provided a preliminary hearing.  Shealy’s counsel attached to the
brief a petition to be relieved as counsel, stating that he had reviewed the
record and concluded this appeal lacks merit.  Shealy submitted a separate pro
se letter to the court complaining that his attorney was not handling
his case properly by following Anders v. California, 386 U.S. 738 (1967). 
After a thorough review of the record, Shealy’s pro se letter,
and counsel’s brief pursuant to Anders, 386 U.S. 738, and State v.
Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss [1] Shealy’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

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

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