In The Court of Appeals

The State,        Respondent,


Larry Burkes,        Appellant.

Appeal From Aiken County
James R. Barber, Circuit Court Judge

Unpublished Opinion No. 2003-UP-602
Submitted August 20, 2003 – Filed October 20, 2003   


Assistant Appellate Defender Tara S. Taggart, 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:  Larry Burkes appeals the revocation of his probationary sentence.  On September 3, 1998, Burkes pled guilty to possession of crack cocaine.  The trial judge sentenced Burkes to five years imprisonment, suspended upon the payment of fees and service of three years probation.  On November 17, 1998, Burkes pled guilty to second degree burglary.  The trial judge sentenced him to six years imprisonment, suspended upon the service of three years and three years probation.  The sentences ran concurrently.  On June 12, 2002, the judge revoked Burkes’ probation and ordered that he serve two years of his original sentence due to violations. 

Pursuant to Anders v. California, 386 U.S. 738 (1967), counsel for Burkes attached to the final brief a petition to be relieved as counsel, stating she had reviewed the record and concluded Burkes’ appeal is without legal merit sufficient to warrant a new trial.  Burkes did not file a separate pro se response.

After a thorough 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.


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