State v. Johnson

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.

Heyward Johnson #1, Appellant.

Appeal From Aiken County
 Ralph F. Cothran, Circuit Court Judge

Unpublished Opinion No. 2008-UP-444
Submitted August 1, 2008 Filed August 6, 2008   

APPEAL DISMISSED

Appellate Defender Robert M. Pachak, 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: Heyward Johnson appeals the revocation of his probation.  Johnson argues the probation judge erred in revoking his probation in a summary fashion without providing him the opportunity to be heard, as guaranteed by the Fourteenth Amendment. 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 the appeal and grant counsel's motion to be relieved.[1]

APPEAL DISMISSED.

KONDUROS, J., CURETON, A.J., and GOOLSBY, A.J., concur.

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