State v. Harris

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.

Garland W. Harris, Appellant.

Appeal From York County

 John C. Hayes, III, Circuit Court Judge

Opinion No.   2004-UP-469

Submitted September 15, 2004 – Filed September 16, 2004

APPEAL DISMISSED

Assistant Appellate Defender Eleanor Duffy Cleary, Office of Appellate
Defense, of Columbia; Garland W. Harris #252650, Manning Correctional,
of Columbia, for Appellant.

Legal Counsel Tommy Evans, Jr.; Legal Counsel J. Benjamin Aplin; and
Deputy Director for Legal Services Teresa A. Knox, S.C. Dept. of Probation,
Parole, and Pardon Services, of Columbia, for Respondent.

PER CURIAM:  Garland W. Harris appeals the
revocation of his probationary sentence.  In 1998, Harris was convicted of seven
counts of burglary, four counts of grand larceny, and four counts of petit larceny. 
He was sentenced to a total of fifteen years imprisonment, suspended upon the
service of seven years and five years probation, and ordered to pay restitution. 
On February 3, 2003, Harris’s probation was revoked due to numerous violations. 

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Harris
attached to the final brief a petition to be relieved as counsel, stating she
had reviewed the record and concluded Harris’s appeal is without legal merit
sufficient to warrant a new trial.  Harris did not file a 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. [1]

STILWELL, BEATTY, and SHORT, JJ., concur.

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