State v. Lowden

THE STATE OF SOUTH CAROLINA

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.

Lenius Lowden, Appellant.

Appeal From Bamberg County

J.C. Nicholson, Jr., Circuit Court Judge

Unpublished Opinion No. 2006-UP-146

Submitted March 1, 2006 – Filed March 13, 2006

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Dudek, 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 Respondent.

PER CURIAM:  Lenius Lowden appeals the revocation of his probation.  Lowden was originally sentenced to two years suspended upon the service of three years probation for possession of cocaine and possession of crack cocaine.  After Lowden violated several conditions of his probation, the circuit judge revoked eleven months of Lowden’s original sentence and terminated his probation.  Lowden’s appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967).  Counsel additionally submitted a petition to be relieved from representation, asserting there are no directly appealable issues of arguable merit.  Lowden did not file a pro se response with the Court.

After a review of the record pursuant to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss the appeal and grant counsel’s petition to be relieved.[1]

APPEAL DISMISSED.

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

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