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State v. Presley

Court of Appeals of South Carolina
Aug 12, 2015
2015-UP-411 (S.C. Ct. App. Aug. 12, 2015)

Opinion

2015-UP-411

08-12-2015

The State, Respondent, v. Gary Wayne Presley, Appellant. Appellate Case No. 2013-002475

Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia; and Solicitor Daniel Edward Johnson, of Columbia, for Respondent.


Unpublished Opinion

Submitted July 1, 2015

Appeal From Richland County Robert E. Hood, Circuit Court Judge

Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia; and Solicitor Daniel Edward Johnson, of Columbia, for Respondent.

PER CURIAM:

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. McEachern, 399 S.C. 125, 136, 731 S.E.2d 604, 609 (Ct. App. 2012) ("The admission or exclusion of evidence falls within the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of that discretion."); Rule 401, SCRE ("'Relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence."); Rule 403, SCRE ("Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice . . . ."); State v. Brooks, 341 S.C. 57, 62, 533 S.E.2d 325, 328 (2000) ("The determination of the prejudicial effect of evidence must be based on the entire record, and the result will generally turn on the facts of each case.").

AFFIRMED.

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

FEW, C. J, and HUFF, and WILLIAMS, JJ, concur


Summaries of

State v. Presley

Court of Appeals of South Carolina
Aug 12, 2015
2015-UP-411 (S.C. Ct. App. Aug. 12, 2015)
Case details for

State v. Presley

Case Details

Full title:The State, Respondent, v. Gary Wayne Presley, Appellant. Appellate Case…

Court:Court of Appeals of South Carolina

Date published: Aug 12, 2015

Citations

2015-UP-411 (S.C. Ct. App. Aug. 12, 2015)