State v. Dye

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Anthony Tony Dye,       
Appellant.

Appeal From Greenwood County

Wyatt T. Saunders, Jr, Circuit Court
Judge

Unpublished Opinion No. 2003-UP-740

Submitted October 15, 2003 – Filed December 17, 2003

APPEAL DISMISSED

Assistant Appellate Defender Robert M. Pachak, Office of Appellate
Defense, of Columbia, for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia;  and Solicitor William Townes Jones, of Greenwood, for Respondent.

PER CURIAM:  Anthony Dye appeals from his
conviction on criminal domestic violence, arguing that the trial court erred
by not instructing the jury on the lesser charge of simple assault. Counsel
for Dye attached to the final brief a petition to be relieved as counsel. Dye
did not file a separate pro se response. 

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 Dye’s appeal
and grant counsel’s petition to be relieved.

APPEAL DISMISSED.

HUFF, STILWELL, and BEATTY, JJ., concur.