State v. Hardy

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.

James Ervin Hardy,       
Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2004-UP-168

Submitted January 29, 2004 – Filed March 15, 2004

APPEAL DISMISSED

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

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

PER CURIAM:  James Hardy was convicted of
assault and battery of a high and aggravated nature on May 6, 1999, and was
sentenced to ten years imprisonment, suspended upon the service of five years
probation.  On January 10, 2003, Hardy appeared at a probation revocation hearing
for several probation violations, including failing to report, failing to pay
his restitution and supervision fee, and failing to cooperate with his anger
management counseling.  Additionally, he tested positive for cocaine and marijuana
less than a week before the probation revocation hearing.  At the hearing, Judge
Hayes revoked Hardy’s probationary sentence.  On appeal, counsel for Appellant
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.  Appellant 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.