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2008-UP-686 - State v. Richey

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.

Charles Earl Richey, Appellant.


Appeal From Greenville County
Larry R. Patterson, Circuit Court Judge


Unpublished Opinion No. 2008-UP-686
Submitted December 1, 2008 – Filed December 11, 2008   


APPEAL DISMISSED


Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, 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 Robert M. Ariail, of Greenville; for Respondent.

PER CURIAM:  Charles Earl Richey appeals his convictions and sentences for armed robbery, kidnapping, resisting arrest, pointing and presenting a firearm, and possession of a pistol by a person convicted of a violent crime.  Richey’s counsel argues the trial court erred by admitting evidence of a show-up identification.  In a pro se brief, Richey maintains the trial court erred by admitting statements he made to police without first conducting an adequate hearing to determine voluntariness.  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. 

HEARN, C.J., SHORT and KONDUROS, JJ. , concur.


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