State v. McKoy

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Robert Tyree McKoy,       
Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2003-UP-375

Submitted February 20, 2003 - Filed
May 28, 2003   

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., Legal Counsel  J. Benjamin Aplin, of Columbia; for Respondent.

PER CURIAM:  Robert McKoy waived presentment
on an indictment for possession of a stolen vehicle, pled guilty, and was sentenced
to five years imprisonment suspended upon time served with three years probation. 
McKoy was served with a probation revocation arrest warrant for violating various
provisions of his probation.  At the probation hearing, McKoy’s probation was
revoked, and he was ordered to serve the original five year sentence.

McKoy’s appellate counsel submitted a petition to be
relieved as counsel, stating he has reviewed the record and has concluded McKoy’s
appeal is without merit.  McKoy did not file any documents with the court.

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 McKoy’s appeal and
grant counsel’s motion to be relieved.
[1]

APPEAL DISMISSED.

HEARN, C.J., and CURETON and GOOLSBY,
JJ., concur.

[1]   Because oral argument would not aid the court
in resolving the issues on appeal, we decide this case without oral argument
pursuant to Rules 215 and 220(b)(2), SCACR.