State v. Holcomb

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.

Darius Holcomb, Appellant.

Appeal From Spartanburg County

 J. Derham Cole, Circuit Court Judge

Unpublished Opinion No.  2004-UP-601

Submitted December 1, 2003 – Filed December 3, 2004

APPEAL DISMISSED

Assistant Appellate Defender Tara S. Taggart, 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 Harold W. Gowdy, III, of Spartanburg,
for Respondent.

PER CURIAM:  In April 2003, Darius Holcomb
was tried and found guilty of three counts of kidnapping and one
count of armed robbery.  He was sentenced to eighteen years imprisonment.  Holcomb
appeals, arguing the single person show-up was unduly suggestive and conducive
to irreparable mistaken identification.  On appeal, counsel for Holcomb has
filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967),
asserting that there are no meritorious grounds for appeal and requesting permission
to withdraw from further representation.  Holcomb filed a pro se
response. 

After a thorough review of the record pursuant
to Anders and State v. Williams, 305 S.C. 116, 406 S.E.2d 357
(1991), we dismiss the appeal and grant counsel’s petition to be relieved.

APPEAL DISMISSED. [1]

ANDERSON, STILWELL, and SHORT, JJ., concur.

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