In The Court of Appeals

The State,        Respondent,


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Unpublished Opinion No. 2003-UP-740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


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.


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