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State v. Simmons

Court of Appeals of South Carolina
May 22, 2013
2013-UP-211 (S.C. Ct. App. May. 22, 2013)

Opinion

2013-UP-211

05-22-2013

The State, Respondent, v. Brandon Jerome Simmons, Appellant. Appellate Case No. 2011-182046

Appellate Defender Breen Richard Stevens, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.


UNPUBLISHED OPINION

Submitted March 1, 2013

Appeal From Charleston County Deadra L. Jefferson, Circuit Court Judge

Appellate Defender Breen Richard Stevens, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, 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. Pagan, 369 S.C. 201, 212, 631 S.E.2d 262, 267 (2006) ("Error is harmless beyond a reasonable doubt where it did not contribute to the verdict obtained."); State v. Green, 397 S.C. 268, 288, 724 S.E.2d 664, 674 (2012) (stating that an error is harmless when competent evidence conclusively proves guilt such that no other rational conclusion is possible); State v. Richardson, 358 S.C. 586, 596-97, 595 S.E.2d 858, 863 (Ct. App. 2004) (finding erroneous admission of improper testimony harmless when the testimony was cumulative to other testimony admitted without objection).

AFFIRMED.

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

HUFF, WILLIAMS, and KONDUROS, JJ., concur.


Summaries of

State v. Simmons

Court of Appeals of South Carolina
May 22, 2013
2013-UP-211 (S.C. Ct. App. May. 22, 2013)
Case details for

State v. Simmons

Case Details

Full title:The State, Respondent, v. Brandon Jerome Simmons, Appellant. Appellate…

Court:Court of Appeals of South Carolina

Date published: May 22, 2013

Citations

2013-UP-211 (S.C. Ct. App. May. 22, 2013)