State v. Middleton

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.

Jeffrey
Middleton, Appellant.

Appeal From Aiken County

 Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2008-UP-403

Submitted July 1, 2008 – Filed July 17,
2008   

APPEAL DISMISSED

Deputy
Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

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

PER
CURIAM:  Jeffrey Middleton appeals the revocation of his probation.  Middleton argues the circuit
court erred in revoking his probation because his inability to pay restitution
was beyond his control.  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] Middleton’s appeal and grant counsel’s motion to be relieved.

APPEAL
DISMISSED.

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

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