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2009-UP-214 - State v. Canty

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.

John Franklin Canty, Appellant.


Appeal From Richland County
 James W. Johnson, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-214
Submitted April 4, 2009 – Filed May 20, 2009   


APPEAL DISMISSED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,

Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM: John Franklin Canty appeals his conviction and sentence for armed robbery.  He argues the trial judge erred in refusing to suppress evidence of an out-of-court identification.  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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

HEARN, C.J., PIEPER and LOCKEMY, JJ., concur.


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