State v. Stingley

CourtListener 10137499ScctappMar 24, 2004

Full text

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.

Jeffrey Brian Stingley,       
Appellant.

Appeal From Richland County

Kenneth G. Goode, Circuit Court Judge

Unpublished Opinion No. 2004-UP-205

Submitted January 29, 2004 – Filed March 24, 2004

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, 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, S.C. Dept. of
Probation, all of Columbia, for Respondent.

PER CURIAM: Jeffrey Brian Stingley pled
guilty to second-degree burglary, non-violent.  He was sentenced to ten years
in prison, suspended on service of seven years confinement and two years probation. 
On February 11, 2003, the State issued a warrant for Stingley’s arrest, alleging
violations of the terms of his probation.  During a probation hearing in March
2003, Stingley’s probation was revoked and two years of his suspended sentence
were imposed.  Stingley appeals, arguing the evidence was not sufficient to
establish that he violated his probation and did not justify revoking his probation. 
On appeal, counsel for Stingley has filed a brief pursuant to Anders v. California,
386 U.S. 738 (1967), asserting that there were no meritorious grounds for appeal
and requesting permission to withdraw from further representation.  Stingley
has not filed a pro se response. 

After a thorough 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.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.

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

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