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2008-UP-633 - State v. Jenkins

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.

Kevin Maurice Jenkins, Appellant.


Appeal From Charleston County
R. Knox McMahon, Circuit Court Judge


Unpublished Opinion No. 2008-UP-633
Submitted November 3, 2008 – Filed November 12, 2008


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney Geneal John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

PER CURIAM:  Kevin Maurice Jenkins appeals his conviction for armed robbery and twenty-seven year sentence.  Jenkins’s counsel contends the trial court erred in admitting identification testimony that was the unreliable product of a suggestive show-up procedure.   Jenkins filed a separate pro se brief arguing the trial court erred by denying his motion to relieve counsel and allowing his statement to the police into evidence.   After a thorough review of the record and both briefs 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, HUFF, and THOMAS, JJ., concur.


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