State v. Marchant

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.

Randy Marchant, Appellant.

Appeal From Dorchester County

 Diane Schafer Goodstein, Circuit Court
Judge

Unpublished Opinion No.  2004-UP-587

Submitted November 1, 2004 – Filed November
17, 2004

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, 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:  Randy Marchant appeals the revocation of his probation
for assault and battery of a high and aggravated nature.  Marchant’s appellate
counsel has petitioned to be relieved as counsel, stating he has reviewed the
record and has concluded Marchant’s appeal is without merit.  The sole issue
briefed by counsel concerns whether the circuit court erred in failing to revoke
Marchant’s probation without first providing him a preliminary hearing.  Marchant
did not file a separate pro se reply brief.

After a review of the record as required by Anders v. California, 386
U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357
(1991), we hold there are no directly appealable issues that are arguable on
their merits.  Accordingly, we dismiss this appeal and grant counsel’s petition
to be relieved.1

APPEAL DISMISSED.

HUFF, KITTREDGE, and BEATTY, JJ., concur.   

 1 We decide this case without oral argument pursuant to Rules
215 and 220(b)(2), SCACR.