State v. Wells

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.

Tymon Wells, Appellant.

Appeal From York County

 John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2004-UP-457

Submitted July 7, 2004 – Filed August 26, 2004

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, 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:  Tymon Wells was sentenced to
two years probation for being a habitual traffic offender.  His probation was
revoked as a result of his convictions for driving under suspension, assault
and battery, and failure to pay supervision fees.  Wells appeals arguing the
judge’s decision to revoke his probation was arbitrary and capricious because
Wells presented evidence in mitigation of his violations.  Wells’s counsel attached
to the brief a petition to be relieved as counsel, stating she had reviewed
the record and concluded this appeal lacks merit.  Wells did not file a separate
pro se brief.  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] Wells’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., HUFF and KITTREDGE, JJ., concur.

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