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2008-UP-714 - State v. Escalante

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.

Rafael Escalante, Appellant.


Appeal From Greenville County
 John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-714
Submitted December 1, 2008 – Filed December 18, 2008   


APPEAL DISMISSED


Deputy Chief Attorney Robert M. Dudek, 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 Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM: Rafael Escalante appeals his conviction for leaving the scene of an accident involving death, arguing the trial court abused its discretion by refusing to declare a mistrial.  After a thorough review of the record, counsel’s brief, and Escalante’s pro se 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.

WILLIAMS, PIEPER, and GEATHERS, JJ., concur. 


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