State v. Boan

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Elbert Carson Boan, Jr.,       
Appellant.

Appeal From Lexington County

Marc H. Westbrook, Circuit Court Judge

Unpublished Opinion No.2004-UP-102

Submitted December 23, 2003 – Filed
February 18, 2004

APPEAL DISMISSED

Assistant Appellate Defender Eleanor Duffy Cleary, Office
of Appellate Defense, of Columbia, for Appellant.

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

PER CURIAM:  Elbert Carson Boan, Jr., appeals
the revocation of his suspended sentence.  Boan’s appellate counsel has petitioned
to be relieved as counsel, stating she has reviewed the record and has concluded
Boan’s appeal is without merit.  The issue briefed by counsel concerns whether
the trial court abused its discretion in revoking seven years of Boan’s suspended
sentence.  Boan has not filed any documents on his own behalf.

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 Boan’s appeal
and grant counsel’s petition to be relieved.
[1]

APPEAL DISMISSED.

GOOLSBY, HOWARD, and KITTREDGE, 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.