State v. Clarke

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.

Heriberto E.
Clarke, Appellant.

Appeal From Charleston County

Edward B. Cottingham, Circuit Court Judge

Unpublished Opinion No.  2008-UP-632

Submitted November 3, 2008 – Filed
November 12, 2008 

APPEAL DISMISSED

Appellate Defender Lanelle C. Durant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
Office of the Attorney General, all of Columbia; and Solicitor Jay E. Hodge,
Jr., of Cheraw, for Respondent.

PER CURIAM:  Heriberto E. Clarke appeals his convictions of
distribution of cocaine and distribution of cocaine in the proximity of a
school and concurrent sentences of fifteen and ten years, respectively.  Clarke
argues the trial court erred by admitting a photograph identification into
evidence when Clarke and his counsel never saw the photographs used in the
identification process.    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 Clarke’s appeal and grant counsel’s motion to be relieved. [1]

APPEAL
DISMISSED. 

ANDERSON, HUFF, and THOMAS, JJ., concur.

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