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State v. Richardson

STATE OF SOUTH CAROLINA In The Court of Appeals
Dec 17, 2014
Appellate Case No. 2012-213431 (S.C. Ct. App. Dec. 17, 2014)

Opinion

Appellate Case No. 2012-213431 Unpublished Opinion No. 2014-UP-471

12-17-2014

The State, Respondent, v. Therron R. Richardson, Appellant.

Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, 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 Charleston County
Stephanie P. McDonald, Circuit Court Judge

AFFIRMED

Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent. PER CURIAM: The State indicted Therron R. Richardson for trafficking cocaine, possession of a firearm during the commission of a violent crime, and four counts of unlawful possession of a firearm by a person convicted of a crime of violence. Richardson moved to suppress the drug and gun evidence under S.C. Code Ann. § 16-25-70(H) (Supp. 2013), arguing the evidence was not found "in plain view . . . in a room in which [police were] interviewing, detaining, or pursuing a suspect." The trial court denied Richardson's motion after a pretrial hearing because deputies located the evidence in plain view after entering Richardson's home under exigent circumstances. The jury found Richardson guilty as indicted. We affirm.

Richardson did not object to a single piece of evidence offered by the State during trial. Every time the State offered any evidence seized from Richardson's home, he responded "No objection" or "No, your Honor" when asked if he had any objection. On one occasion Richardson said nothing, and the trial court stated, "Without objection, [the evidence] is admitted." In order to preserve an issue for review, a contemporaneous objection is typically required when the evidence is introduced. See State v. Forrester, 343 S.C. 637, 642, 541 S.E.2d 837, 840 (2001). A party stating it has no objection to the introduction of evidence, even though the party made a pretrial motion to exclude the evidence, leaves the issue unpreserved for review. See State v. Dicapua, 373 S.C. 452, 455-56, 646 S.E.2d 150, 152 (Ct. App. 2007), aff'd, 383 S.C. 394, 680 S.E.2d 292 (2009). AFFIRMED.

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

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


Summaries of

State v. Richardson

STATE OF SOUTH CAROLINA In The Court of Appeals
Dec 17, 2014
Appellate Case No. 2012-213431 (S.C. Ct. App. Dec. 17, 2014)
Case details for

State v. Richardson

Case Details

Full title:The State, Respondent, v. Therron R. Richardson, Appellant.

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Dec 17, 2014

Citations

Appellate Case No. 2012-213431 (S.C. Ct. App. Dec. 17, 2014)