State v. Burkes

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Larry Burkes,       
Appellant.

Appeal From Aiken County

James R. Barber, Circuit Court Judge

Unpublished Opinion No. 2003-UP-602

Submitted August 20, 2003 – Filed October
20, 2003   

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, 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 Columbia, for Respondent.

PER CURIAM:  Larry Burkes appeals
the revocation of his probationary sentence.  On September 3, 1998, Burkes pled
guilty to possession of crack cocaine.  The trial judge sentenced Burkes to
five years imprisonment, suspended upon the payment of fees and service of three
years probation.  On November 17, 1998, Burkes pled guilty to second degree
burglary.  The trial judge sentenced him to six years imprisonment, suspended
upon the service of three years and three years probation.  The sentences ran
concurrently.  On June 12, 2002, the judge revoked Burkes’ probation and ordered
that he serve two years of his original sentence due to violations. 

Pursuant to Anders v. California,
386 U.S. 738 (1967), counsel for Burkes attached to the final brief a petition
to be relieved as counsel, stating she had reviewed the record and concluded
Burkes’ appeal is without legal merit sufficient to warrant a new trial.  Burkes
did not file a separate pro se response.

After a thorough review of the record
pursuant to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d
357 (1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON,
JJ., concur.