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2011-UP-019 - State v. Livingston

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.

Octavius Livingston, Appellant.


Appeal From Richland County
James R. Barber, III, Circuit Court Judge


Unpublished Opinion No. 2011-UP-019
Submitted January 1, 2011 – Filed January 25, 2011   


APPEAL DISMISSED


Appellate Defender Kathrine 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, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM: Octavius Livingston appeals his conviction for distribution of cocaine, third-offense.  Livingston argues the trial court violated his confrontation clause rights by admitting the police officer's testimony regarding the video tape of an undercover officer's conversation with a confidential informant.  After a thorough review of the record, counsel's brief, and Livingston'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[1] the appeal and grant counsel's petition to be relieved.

APPEAL DISMISSED.

FEW, C.J., SHORT and WILLIAMS, JJ., concur.


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