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2004-UP-398 - State v. Blocker

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.

Julius Blocker,        Appellant.


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


Unpublished Opinion No. 2004-UP-398
Submitted April 21, 2004 – Filed June 22, 2004


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Julius Blocker appeals his conviction for causing death by operating a vehicle while under the influence of drugs or alcohol.  Blocker’s appellate attorney has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Blocker’s appeal is without merit.  The issue briefed by counsel concerns whether Blocker was entitled to a directed verdict based on the alleged insufficiency of evidence establishing the cause of the victim’s death.  Blocker has not filed any documents on his own behalf.

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 Blocker’s appeal and grant counsel’s petition to be relieved. [1]

APPEAL DISMISSED.

GOOLSBY, HOWARD, 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.