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Unpublished Opinion No.  2009-UP-495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.