State v. Nelson

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Sean D. Nelson,       
Appellant,

Appeal From Charleston County

Daniel F. Pieper, Circuit Court Judge

Unpublished Opinion No.  2003-UP-562

Submitted July 15, 2003 – Filed September
29, 2003

APPEAL DISMISSED

Chief Attorney Daniel T. Stacey, of Columbia; for
Appellant.

Attorney General Henry Dargan
McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney
General Charles H. Richardson, of Columbia; Solicitor Ralph E. Hoisington, of
Charleston; for Respondent.

PER CURIAM:  Sean D. Nelson appeals his
conviction for armed robbery and possession of a firearm during the commission
of a violent crime.  Nelson argues the trial court erred in refusing to include
a specific jury charge regarding the relationship between eyewitness confidence
and accuracy of identification.  In a separate pro se brief, Nelson
argues that the trial court erred in denying a motion to suppress in-court and
out-of-court identifications, which Nelson claims were unduly suggestive and
conducive of irreparable mistake.  Nelson’s counsel attached to the brief a
petition to be relieved as counsel, stating that she had reviewed the record
and concluded this appeal lacks merit.  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
[1] Nelson’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

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