State v. Canty

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.

John Franklin Canty, Appellant.

Appeal From Richland County

 James W. Johnson, Jr., Circuit Court Judge

Unpublished Opinion No. 2009-UP-214

Submitted April 4, 2009 – Filed May 20, 2009   

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott,

Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM: John
Franklin Canty appeals his conviction and sentence for armed robbery.  He
argues the trial judge erred in refusing to suppress evidence of an
out-of-court identification.  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 the appeal and grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED.

HEARN,
C.J., PIEPER and LOCKEMY, JJ., concur.

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