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Unpublished Opinion No. 2008-UP-714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.