State v. Polite

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.

Hayes Polite, Appellant.

Appeal From Jasper County

Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2009-UP-485

Submitted October 1, 2009 – Filed October
15, 2009   

APPEAL DISMISSED

Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

Assistant Chief Legal Counsel J. Benjamin Aplin, of Columbia, for
Respondent.

PER CURIAM:  Hayes Polite appeals his probation revocation, arguing
the trial court erred in revoking his probation because insufficient evidence
existed to support the revocation, and the trial court did not make a finding
that Polite's failure to pay fines and fees was willful.  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. 

Hearn, C.J., Konduros, and Lockemy, JJ.,  concur.

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