State v. Green

THIS OPINION HAS NO PRECEDENTIAL VALUE

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.

Antjuan Tobias Green, Appellant.

Appeal From Laurens County

Roger L. Couch, Circuit Court Judge

Unpublished Opinion No. 2007-UP-319

Submitted June 1, 2007 – Filed June 15, 2007  

APPEAL DISMISSED

Aileen P. Clare,
Assistant Appellate Defender, South Carolina Commission on Indigent 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 South Carolina Department of Probation,
Parole, and Pardon Services, of Columbia, for Respondent.

PER
CURIAM:  Antjuan Green appeals his probation revocation,
claiming the circuit court abused its discretion in revoking his probation as he
did not willfully violate the terms of his probation.  Green’s counsel contends
the circuit court’s order should be reversed and Green’s sentence should be
vacated because the revocation was not based upon an evidentiary showing of
fact tending to establish a violation of his probation agreement.  See State v. Hamilton, 333 S.C. 642, 648, 511 S.E.2d 94, 97 (Ct. App. 1999). 

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 Green’s appeal and grant counsel’s motion to be
relieved.    

APPEAL DISMISSED. [1]

STILWELL,
SHORT, and WILLIAMS, JJ., concur.

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