State v. Chapman

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 Edward Chapman, Appellant.

Appeal From Pickens County

 Henry F. Floyd, Circuit Court Judge

Unpublished Opinion No. 2004-UP-480

Submitted September 15, 2004 – Filed
September 16, 2004

APPEAL DISMISSED

Senior Assistant Appellate Defender Wanda P. Hagler, of Columbia,
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Appellant was convicted of
two counts of second degree criminal sexual conduct and two counts of assault
with intent to commit criminal sexual conduct in the second degree, and he received
a probationary sentence.  The issue briefed by appellate counsel concerns whether
the circuit court erred in revoking Appellant’s probation because no evidentiary
basis exists to indicate that his failure to pay fees was willful.  Appellant’s
counsel has petitioned to be relieved as counsel, stating that she has reviewed
the record and has concluded the appeal is without merit.  Appellant has not
filed a pro se brief.     

After a review of the record as required by Anders
v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C.
116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues
that are arguable on their merits.  Accordingly, we dismiss this appeal and
grant counsel’s petition to be relieved. [1]    

APPEAL DISMISSED.

HEARN, C.J., HUFF, and KITTREDGE, JJ., concur. 
 

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