State v. Nelson ( 2003 )

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Sean D. Nelson, Appellant,

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Appeal From Charleston County
Daniel F. Pieper, Circuit Court Judge

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Unpublished Opinion No.  2003-UP-562
Submitted July 15, 2003 – Filed September 29, 2003

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APPEAL DISMISSED

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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.

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