State v. David Westfall

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.

David Westfall, Appellant.

Appeal From Richland County

G. Edward Welmaker, Circuit Court Judge

Unpublished Opinion No. 2010-UP-033

Submitted January 4, 2010 – Filed January
26, 2010   

APPEAL DISMISSED

Deputy Chief Appellate Defender Wanda H.
Carter, of Columbia, for Appellant.

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

PER CURIAM:  David
Westfall appeals his probation revocation, arguing the trial court abused its
discretion in revoking his probation because there was insufficient evidence of
his willful failure to pay supervision fees.  After a thorough review of the record and all briefs
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. 

HUFF, A.C.J., GEATHERS,
J., and CURETON, A.J., concur. 

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