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2008-UP-128 - State v. Murray

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.

Geoffrey Murray, Appellant.


Appeal From Charleston County
 Thomas L. Hughston, Jr., Circuit Court Judge


Unpublished Opinion No. 2008-UP-128
Submitted February 1, 2008 – Filed February 20, 2008   


APPEAL DISMISSED


Chief Attorney for Capital Appeals Joseph L. Savitz, III, 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 Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Geoffrey Murray was convicted for armed robbery and assault and battery of a high and aggravated nature.  On appeal, Murray alleges the trial court erred by admitting the victim’s identification of Murray because it was the product of an unduly suggestive show-up procedure.  After a thorough review of the record, Murray’s pro se brief, 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.

ANDERSON, SHORT and THOMAS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.