State v. Griffin

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.

Otis C. Griffin, III, Appellant.

Appeal From York County

 John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2005-UP-038

Submitted December 1, 2004 – Filed January
14, 2005

APPEAL DISMISSED

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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka,
Office of the Attorney General, all of Columbia; and Solicitor Thomas E. Pope,
of York, for Respondent.

PER CURIAM:  Appellant, Otis C. Griffin, III, was sentenced in
October 1993 to fifteen years suspended with five years of probation for second
degree burglary, in August 1996 to eight years suspended upon service of seven
years with five years of probation for another second degree burglary, in October
1996 to five years with five years of probation for grand larceny and to eight
years suspended upon service of seven years with five years probation for third
degree burglary, and in May 2002 to 180 days suspended with one year of probation
for malicious injury to real property.  In August 1996, the circuit court revoked
seven years of appellant’s original fifteen-year sentence for the 1993 burglary
and tolled probation while appellant was incarcerated.  Following a March 2003
probation revocation hearing, the court revoked Griffin’s suspended sentence
in full for each charge.  Griffin’s counsel attached to the brief a petition
to be relieved as counsel, stating that she had reviewed the record and concluded
this appeal lacks merit.  Griffin did not file a separate pro se
brief. 

After a thorough 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 [1] the appeal
and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

HUFF, KITTREDGE, and BEATTY, JJ., concur.

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