State v. Perez

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Alejandro Perez       
Appellant.

Appeal From Saluda County

William P. Keesley, Circuit Court Judge

Unpublished Opinion No. 2004-UP-037

Submitted November 19, 2003 – Filed January 20, 2004

APPEAL DISMISSED

Deputy Chief Attorney Joseph L. Savitz III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
of Columbia; and Solicitor Donald V. Meyers, of Lexington, for Respondent.

PER CURIAM:  Alejandro Perez appeals from
his conviction arguing the trial judge’s charge on proximate cause erroneously
informed the jury that Perez could be guilty even if the victim’s negligence
was the proximate cause of his death. Counsel for Perez attached to the final
brief a petition to be relieved as counsel. 

Perez filed a separate
pro se brief.  The arguments in the pro se brief allege the officer’s
negligence was primarily the cause of the accident.  Further, Perez argues the
lack of an important witness’s testimony concerning the officer’s speed prejudiced
his case.  We find both arguments meritless. 

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

APPEAL DISMISSED.

HUFF, STILWELL, 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.