Opinion
2012-UP-476
08-01-2012
The State, Respondent, v. Dontavious Hugo Jackson, Appellant. Appellate Case No. 2010-180346
Appellate Defender Tristan M. Shaffer and Appellate Defender Susan B. Hackett, both of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, all of Columbia; and Solicitor William B. Rogers, Jr., of Bennettsville, for Respondent.
UNPUBLISHED OPINION
Submitted July 2, 2012.
Appeal From Darlington County J. Michael Baxley, Circuit Court Judge.
Appellate Defender Tristan M. Shaffer and Appellate Defender Susan B. Hackett, both of Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, all of Columbia; and Solicitor William B. Rogers, Jr., of Bennettsville, for Respondent.
PER CURIAM.
Dontavious Hugo Jackson appeals his convictions of first-degree burglary and grand larceny, arguing the trial court erred in denying his motion for a mistrial after a member of the jury venire panel announced to the court and other potential jurors that Jackson was a suspect in another burglary. We affirmpursuant to Rule 220(b), SCACR, and the following authorities: State v. Harris, 340 S.C. 59, 63, 530 S.E.2d 626, 627-28 (2000) ("The granting or refusing of a motion for a mistrial lies within the sound discretion of the trial court and its ruling will not be disturbed on appeal absent an abuse of discretion amounting to an error of law."); State v. Walker, 366 S.C. 643, 658, 623 S.E.2d 122, 129 (Ct. App. 2005) ("Generally, a curative instruction is deemed to have cured any alleged error."); Foye v. State, 335 S.C. 586, 590 n.1, 518 S.E.2d 265, 267 n.1 (1999) (explaining jurors are presumed to have followed curative instructions and absent some showing of prejudice appellate courts will not presume prejudice).
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.