State v. Gordon

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.

Derrick B. Gordon,       
Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No.  2005-UP-068

Submitted January 1, 2005 – Filed January
26, 2005

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, all of Columbia,
for Respondent.

PER CURIAM:  Derrick Gordon pled guilty
to pointing a firearm and criminal domestic violence.  He was sentenced to five
years in prison, suspended on service of one year of probation.  On October
8, 2003, the State issued a warrant for Gordon’s arrest, alleging violations
of the terms of his probation.  During a probation hearing on December 12, 2003,
Gordon’s probation was revoked and his entire suspended sentence was imposed. 
Gordon appeals, arguing the evidence was insufficient to establish he violated
his probation and did not justify revoking his probation.  On appeal, counsel
for Gordon 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.  Gordon 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]

ANDERSON, STILWELL, and SHORT, JJ., concur.

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