State v. Johnson

Full title: The State, Respondent, v. Robert Lee Johnson, Appellant.

Court: STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Oct 31, 2012

Appellate Case No. 2010-169668 (S.C. Ct. App. Oct. 31, 2012)

Opinion

Appellate Case No. 2010-169668 Unpublished Opinion No. 2012-UP-590

10-31-2012

The State, Respondent, v. Robert Lee Johnson, Appellant.

Appellate Defender Breen Richard Stevens, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

PER CURIAM

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 Florence County

Michael G. Nettles, Circuit Court Judge

AFFIRMED

Appellate Defender Breen Richard Stevens, of Columbia,

for Appellant.

Attorney General Alan McCrory Wilson, Chief Deputy

Attorney General John W. McIntosh, Senior Assistant

Deputy Attorney General Salley W. Elliott, and Assistant

Attorney General Christina J. Catoe, all of Columbia; and

Solicitor Edgar Lewis Clements, III, of Florence, for

Respondent.
PER CURIAM : Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Bantan, 387 S.C. 412, 417, 692 S.E.2d 201, 203 (Ct. App. 2010) ("The decision to grant or deny a mistrial is within the sound discretion of the trial court and will not be overturned on appeal absent an abuse of discretion amounting to an error of law."); State v. Craig, 267 S.C. 262, 268, 227 S.E.2d 306, 309 (1976) ("An instruction to disregard incompetent evidence or the withdrawal of such evidence usually is deemed to have cured the error in its admission unless on the facts of the particular case it is probable that notwithstanding such instruction or withdrawal the accused was prejudiced."); State v. Council, 335 S.C. 1, 11-13, 515 S.E.2d 508, 513-14 (1999) (affirming the denial of a mistrial where a witness for the State referenced prior SLED records); State v. Thompson, 352 S.C. 552, 561, 575 S.E.2d 77, 82 (Ct. App. 2003) (holding a witness's vague reference to the defendant's prior criminal activity did not warrant a mistrial when the State did not attempt to introduce evidence of other crimes). AFFIRMED.¹

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

FEW, C.J., and WILLIAMS and PIEPER, J.J., concur.