State v. Gregory

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.

Brian H.
Gregory, Appellant.

Appeal From Spartanburg County

 Gordon G. Cooper, Circuit Court Judge

Unpublished Opinion No. 2009-UP-379

Submitted June 1, 2009 – Filed June 30,
2009   

APPEAL DISMISSED

Appellate
Defender Elizabeth A.
Franklin, of Columbia, for Appellant.

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

PER CURIAM:  While
on probation for assault and battery of a high and aggravated nature, Brian H.
Gregory became unemployed, absconded from supervision, and failed to pay monies
he owed under his sentence.  The circuit court revoked Gregory's probation. 
Gregory appeals, arguing the circuit court abused its discretion by revoking
his probation without making a finding the victim's mother, who testified at
the revocation hearing, was a "victim" within the meaning of the
Victims' Bill of Rights.  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[1] Gregory's appeal and grant counsel's petition to be relieved. 

APPEAL
DISMISSED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.

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