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2004-UP-037 - State v. Perez

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Alejandro Perez        Appellant.


Appeal From Saluda County
William P. Keesley, Circuit Court Judge


Unpublished Opinion No. 2004-UP-037
Submitted November 19, 2003 – Filed January 20, 2004


APPEAL DISMISSED


Deputy Chief Attorney Joseph L. Savitz III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, of Columbia; and Solicitor Donald V. Meyers, of Lexington, for Respondent.

PER CURIAM:  Alejandro Perez appeals from his conviction arguing the trial judge’s charge on proximate cause erroneously informed the jury that Perez could be guilty even if the victim’s negligence was the proximate cause of his death. Counsel for Perez attached to the final brief a petition to be relieved as counsel. 

Perez filed a separate pro se brief.  The arguments in the pro se brief allege the officer’s negligence was primarily the cause of the accident.  Further, Perez argues the lack of an important witness’s testimony concerning the officer’s speed prejudiced his case.  We find both arguments meritless. 

After a review of the record as required by Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss Coe’s appeal and grant counsel’s petition to be relieved. [1]

APPEAL DISMISSED.

HUFF, STILWELL, and BEATTY, JJ., concur.


[1] Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rules 215 and 220(b)(2), SCACR.