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 Jowan Craig, Appellant.

Appellate Case No. 2013-001690

Appeal From Spartanburg County Roger L. Couch, Circuit Court Judge

Unpublished Opinion No. 2014-UP-431 Heard November 6, 2014 – Filed November 26, 2014

AFFIRMED

Dennis Gregory Placone, of Nexsen Pruet, LLC, and Chief Appellate Defender Robert Michael Dudek, both of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia; and Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authority: Perry v. New Hampshire, 132 S. Ct. 716, 728 (2012) ("The fallibility of eyewitness evidence does not, without the taint of improper state conduct, warrant a due process rule requiring a trial court to screen such evidence for reliability before allowing the jury to assess its creditworthiness."); id. at 730 ("[T]he Due Process Clause does not require a preliminary judicial inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances arranged by law enforcement.").

AFFIRMED.

FEW, C.J., and GEATHERS and LOCKEMY, JJ., concur.