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STATE v. MILLER

No. 3784.

359 S.C. 589 (2004)

598 S.E.2d 297

The STATE, Respondent, v. Robert Earl MILLER, Appellant.

Court of Appeals of South Carolina.

Decided April 26, 2004.

Withdrawn, Substituted, and Refiled June 28, 2004.

Rehearing Denied June 28, 2004.

Attorney(s) appearing for the Case

William G. Rhoden, of Gaffney, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

HUFF, J.:

A Cherokee County grand jury indicted Robert Earl Miller for unlawful possession of a handgun, failure to stop for a police vehicle, and armed robbery. Following a jury trial, Appellant was convicted of all three charges. During trial, Appellant asked for and was denied a suppression hearing concerning the show-up identification of his alleged co-participant. We remand for an in camera hearing.

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