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State v. Simmons

STATE OF SOUTH CAROLINA In The Court of Appeals
May 22, 2013
Appellate Case No. 2011-182046 (S.C. Ct. App. May. 22, 2013)

Opinion

Appellate Case No. 2011-182046 Unpublished Opinion No. 2013-UP-211

05-22-2013

The State, Respondent, v. Brandon Jerome Simmons, Appellant.

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.


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

Deadra L. Jefferson, Circuit Court Judge


AFFIRMED

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

STATE OF SOUTH CAROLINA In The Court of Appeals
May 22, 2013
Appellate Case No. 2011-182046 (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.

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: May 22, 2013

Citations

Appellate Case No. 2011-182046 (S.C. Ct. App. May. 22, 2013)