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2009-UP-446 - State v. Gaines

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Montavious Gaines, Appellant.


Appeal From Saluda County
William P. Keesley, Circuit Court Judge


Unpublished Opinion No.  2009-UP-446
Submitted September 1, 2009 – Filed October 2, 2009 


APPEAL DISMISSED


Appellate Defender Katharine H. Hudgins, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Montavious Gaines appeals his convictions for armed robbery, criminal conspiracy, and assault and battery of a high and aggravated nature.  Gaines argues the trial court erred in admitting testimony from a police officer identifying Gaines as the assailant.  Additionally, Gaines filed a pro se brief.  After a thorough review of the record and all 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. 

SHORT, WILLIAMS, and GEATHERS, JJ., concur.


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