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2008-UP-632 - State v. Clarke

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.

Heriberto E. Clarke, Appellant.


Appeal From Charleston County
Edward B. Cottingham, Circuit Court Judge


Unpublished Opinion No.  2008-UP-632
Submitted November 3, 2008 – Filed November 12, 2008 


APPEAL DISMISSED


Appellate Defender Lanelle C. Durant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM:  Heriberto E. Clarke appeals his convictions of distribution of cocaine and distribution of cocaine in the proximity of a school and concurrent sentences of fifteen and ten years, respectively.  Clarke argues the trial court erred by admitting a photograph identification into evidence when Clarke and his counsel never saw the photographs used in the identification process.    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 Clarke’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL DISMISSED. 

ANDERSON, HUFF, and THOMAS, JJ., concur.


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