Opinion
Appellate Case No. 2012-211970 Unpublished Opinion No. 2013-UP-421
11-20-2013
The State, Respondent, v. John J. Day, Appellant.
Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.
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.
Appeal From Greenville County
Letitia H. Verdin, Circuit Court Judge
AFFIRMED
Appellate Defender David Alexander, of Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Johnson, 334 S.C. 78, 89, 512 S.E.2d 795, 801 (1999) (finding issue relating to admission of improper testimony was preserved when defendant renewed his request for a mistrial following curative instructions); State v. Wilson, 389 S.C. 579, 583, 698 S.E.2d 862, 864 (Ct. App. 2010) (holding that when an objection is sustained, in order to create an appealable issue the objecting party must move to cure or move for a mistrial if such a cure is insufficient); State v. Brown, 389 S.C. 84, 95, 697 S.E.2d 622, 628 (Ct. App. 2010) (noting a curative instruction is usually deemed to cure an alleged error); State v. Moyd, 321 S.C. 256, 263, 468 S.E.2d 7, 11 (Ct. App. 1996) (holding a mistrial need not be granted in every case in which incompetent evidence is received and later stricken and a curative instruction given). AFFIRMED.
We decide this case without oral argument pursuant to Rule 215, SCACR.