Summary
reversing probation revocation and remanding for hearing consistent with guidelines set forth in Morrissey and Gagnon
Summary of this case from State v. AllenOpinion
21579
October 5, 1981.
Appeal from General Sessions Court, Greenville County; James H. Price, Jr., Judge.
Asst. App. Defender David W. Carpenter, of S.C. Commission of App. Defense, Columbia, for appellant. Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Lindy P. Funkhouser and State Atty. Harold M. Coombs, Jr., Columbia and Sol. William W. Wilkins, Jr., Greenville, for respondent.
October 5, 1981.
The appellant's probation was revoked following a hearing. He appeals from that revocation.
Counsel for the appellant has filed a brief under authority of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that there are no meritorious grounds for appeal and requesting permission to withdraw from further representation. Appellant has filed a pro se brief with this Court.
The revocation hearing was so summary that the record is insufficient for our review.
We therefore reverse the probation revocation and remand the case for a hearing consistent with the guidelines set forth in Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973) and Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972). Counsel's petition to be relieved is denied.