State v. Newell

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD
NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Nicholas Shane Newell, Appellant.
__________

Appeal From York County
John C. Hayes, III, Circuit Court Judge
__________

Unpublished Opinion No. 2012-UP-345
Submitted May 1, 2012 – Filed June 6, 2012
__________

APPEAL DISMISSED
__________

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

Tommy Evans, Jr. and J. Benjamin Aplin, both of
Columbia, for Respondent.

PER CURIAM: Nicholas Shane Newell appeals his probation
revocation, arguing his due process rights were violated as the arrest warrant
does not indicate that he was provided a preliminary hearing upon his arrest.
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 the appeal and grant counsel's motion to be
relieved.1

APPEAL DISMISSED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.

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