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2009-UP-495 - State v. Isaias Diaz Gutierrez

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Isaias Diaz Gutierrez, Appellant.


Appeal From York County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No.  2009-UP-495
Submitted October 1, 2009 – Filed October 21, 2009 


APPEAL DISMISSED


Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  Isaias Diaz Gutierrez appeals his convictions and sentences for murder, first-degree burglary, armed robbery, and forgery, arguing the trial court erred in admitting a knife into evidence because it was irrelevant and prejudicial.  After a thorough review of the record and counsel's 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. 

SHORT, WILLIAMS, and GEATHERS, JJ., concur.


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