Opinion
Unpublished Opinion No. 2011-UP-430
10-03-2011
Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Brendan J. McDonald, all of Columbia; and Solicitor Ernest A. Finney, III, of Sumter, 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 Sumter County
R. Ferrell Cothran, Jr., Circuit Court Judge
AFFIRMED
Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Brendan J. McDonald, all of Columbia; and Solicitor Ernest A. Finney, III, of Sumter, for Respondent.
PER CURIAM : Teron Hakeen Jackson appeals his convictions for murder, attempted armed robbery, possession of a firearm during the commission of a violent crime, and possession of a handgun by a person under eighteen years old, arguing the circuit court erred in admitting his statements to police. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Rochester, 301 S.C. 196, 200, 391 S.E.2d 244, 247 (1990) ("On appeal, the conclusion of the [circuit court] on issues of fact as to the voluntariness of a [statement] will not be disturbed unless so manifestly erroneous as to show an abuse of discretion."); State v. Breeze, 379 S.C. 538, 544, 665 S.E.2d 247, 250 (Ct. App. 2008) ("The test of voluntariness is whether a suspect's will was overborne by the circumstances surrounding the given statement."); State v. Smith, 268 S.C. 349, 354, 234 S.E.2d 19, 21 (1977) (holding the "decisions are voluminous that the signing of a written waiver is usually sufficient" to find an intelligent waiver of the privilege against self-incrimination); In re Williams, 265 S.C. 295, 300, 217 S.E.2d 719, 721-22 (1975) (declining to "adopt a rule under which any inculpatory statement obtained from a minor in the absence of counsel, parent or other friendly adult would be [p]er se inadmissible"); State v. Simmons, 384 S.C. 145, 163-66, 682 S.E.2d 19, 28-30 (Ct. App. 2009) (finding it within the circuit court's discretion to find officers' testimony more credible than that of the defendant in making its voluntariness determination).
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
SHORT, WILLIAMS, and GEATHERS, JJ., concur.