State v. Morgan

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.

Joshua Morgan, Appellant.

Appeal From Richland County

 Reginald I. Lloyd, Circuit Court Judge

Unpublished Opinion No. 2006-UP-168

Submitted March 1, 2006 – Filed March 22, 2006  

APPEAL DISMISSED

Assistant Appellate Defender Eleanor Duffy Cleary, 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 Warren Blair Giese, of Columbia, for Respondent.

PER CURIAM:  Joshua Morgan appeals the revocation of his suspended sentence.  His counsel contends the circuit judge abused his discretion, arguing the decision was arbitrary and capricious.  After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss Morgan’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.[1]

GOOLSBY, HUFF, and STILWELL, JJ., concur. 

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