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Unpublished Opinion No. 2009-UP-510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.