State v. Phillips

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.

David Scott Phillips,       
Appellant.

 

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2004-UP-232

Submitted January 29, 2004 – Filed March
31, 2004

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, S.C. Dept. of Probation,
of Columbia, for Respondent.

PER CURIAM: David Scott
Phillips was convicted of second-degree burglary and grand larceny.  On the
burglary conviction, the circuit court sentenced Phillips to six years imprisonment
suspended on the service of five years probation.  On the grand larceny conviction,
he was sentenced to three years imprisonment suspended on the service of five
years probation, with both of these sentences to run concurrently.  Subsequently,
Phillips violated his probation and the six year suspended sentence was revoked
in full.  Pursuant to Anders v. California, 386 U.S. 738 (1967), Phillips’
counsel attached a petition to be relieved.  Phillips did not file a pro se
response.

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 Phillips’ appeal and grant counsel’s
petition to be relieved.

APPEAL DISMISSED. [1]

GOOLSBY, HOWARD, and KITTREDGE, JJ., concurring.

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