State v. Miller

CourtListener 10155322ScctappOct 10, 2008

Full text

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.

John A. Miller, Appellant.

Appeal From Sumter County

Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2008-UP-561

Submitted October 1, 2008 – Filed October
10, 2008

APPEAL DISMISSED

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

Deputy Director for Legal Services Teresa A. Knox, of Columbia, for Respondent.

PER CURIAM:  John
A. Miller violated the conditions of his probation by failing to report to his
probation agent and getting arrested on additional charges.  His probation was
revoked for two years.  Miller appeals his probation revocation, arguing the
revocation should be vacated because there was no preliminary hearing.  Miller’s counsel has filed a brief pursuant to Anders
v. California, 386 U.S. 738 (1967), and asked to be relieved as counsel for
Miller.  Miller did not file a pro se brief.  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 Miller’s
appeal and grant counsel’s motion to be relieved. [1]

APPEAL
DISMISSED. 

SHORT, THOMAS, and PIEPER, JJ., concur.

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

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