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2009-UP-510 - State v. Kenneth Whitmore

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.

Kenneth Whitmore, Appellant.


Appeal From Greenville County
Edward W. Miller, Circuit Court Judge


Unpublished Opinion No. 2009-UP-510
Submitted October 1, 2009 – Filed November 5, 2009   


APPEAL DISMISSED


Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM: Kenneth Whitmore appeals his convictions for armed robbery and possession of a weapon during the commission of a violent crime.  Whitmore argues the trial court erred in denying his motion for a directed verdict because the victim's cross-racial identification of Whitmore was unreliable.  Whitmore also argues, pro se, the identification procedure employed by the police was so suggestive as to raise a substantial likelihood of irreparable misidentification.  After a thorough review of the record, counsel's brief, and Whitmore's pro se 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. 

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


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