State v. Nguyen

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Brook Graham Nguyen,       
Appellant.

Appeal From Greenville County

Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No.   2003-UP-318

Submitted February 20, 2003 - Filed
May 7, 2003

APPEAL DISMISSED

Assistant Appellate Defender Aileen P. Clare, of Columbia;
for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney
General John W. McIntosh; Assistant Deputy Attorney General Charles H. Richardson,
of Columbia; Solicitor Robert M. Ariail, of Greenville; for Respondent.

PER CURIAM:  Brook G. Nguyen was
indicted for breach of trust with fraudulent intent.  Nguyen pled guilty and
was sentenced to five years imprisonment, suspended upon five years probation. 
The five years probation would terminate upon Nguyen’s completion of two years
probation, performance of forty hours public service employment, and payment
of fees and restitution.  Nguyen appeals, arguing that the circuit court abused
its discretion in revoking her probation without a finding of willful violation. 
Counsel for Nguyen has filed a final brief and submitted a petition to be relieved
as counsel.1

After review of the record 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.

APPEAL DISMISSED.

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

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