State v. Hargett

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.

David Carson
Hargett, Appellant.

Appeal From York County

 Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No. 2008-UP-448

Submitted August 1, 2008 – Filed August 7,
2008   

APPEAL DISMISSED

Appellate Defender Lanelle C. Durant, of Columbia, for Appellant.

Teresa A. Knox, Tommy Evans, Jr., and John Benjamin Aplin, all of Columbia, for Respondent.

 

PER CURIAM: David
Carson Hargett appeals the revocation of
his probation.  Hargett argues his sentence is unconstitutionally
disproportionate and constitutes cruel and unusual punishment under the
circumstances.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Hargett’s
counsel attached a petition to be relieved, stating she reviewed the record and
concluded this appeal lacks merit.  Hargett did not file a pro se brief.  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] Hargett’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

KONDUROS, J., CURETON, A.J.,
and GOOLSBY, A.J., concur.

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