State v. Henry

Re:

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Joseph Lee Henry,       
Appellant.

Appeal From Lee County

Clifton Newman, Circuit Court Judge

Unpublished Opinion No. 2003-UP-350

Submitted March 26, 2003 – Filed May
20, 2003

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, of Columbia,
for Appellant.

Deputy Director for Legal Services Theresa A. Knox, Legal
Counsel Tommy Evans, Jr. and Legal Counsel J. Benjamin Aplin, all of Columbia,
for Respondent.

PER CURIAM:  Appellant, Joseph Lee Henry,
was sentenced to one year and a $2,000 fine, suspended upon time served and
payment of a $1,000 fine with two years of probation, for second offense DUI. 
Following a probation revocation hearing, the court revoked the suspended sentence
in full, but held imposition of the sentence in abeyance until September 21,
2002 to allow appellant to pay the remaining balance of his fine in full.  In
the event the fine was paid in full by that date, probation was ordered terminated. 
We dismiss pursuant to Anders v. California, 386 U.S. 738 (1967) and
State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991).  Counsel’s petition
to be relieved is granted.

APPEAL DISMISSED.

CURETON, ANDERSON, and HUFF, JJ., concur.