State v. Kelly

Full title: The State, Respondent, v. Joseph Lathan Kelly, Appellant.

Court: STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Oct 24, 2012

Appellate Case No. 2011-182646 (S.C. Ct. App. Oct. 24, 2012)

Opinion

Appellate Case No. 2011-182646

10-24-2012

The State, Respondent, v. Joseph Lathan Kelly, Appellant.

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Staff Attorney Julie Kate Keeney, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM

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 Lexington County

R. Knox McMahon, Circuit Court Judge

Unpublished Opinion No. 2012-UP-561

AFFIRMED

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Staff Attorney Julie Kate Keeney, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM : Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Hatcher, 392 S.C. 86, 92, 708 S.E.2d 750, 753 (2011) ("[E]vidence [is] inadmissible only where there is a missing link in the chain of possession because the identity of those who handled the [substance] was not established at least as far as practicable." (citation and internal quotation marks omitted)); State v. Horton, 359 S.C. 555, 568, 598 S.E.2d 279, 286 (Ct. App. 2004) ("[W]here there is a weak link in the chain of custody, as opposed to a missing link, the question is only one of credibility and not admissibility."). AFFIRMED.¹

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

SHORT, KONDUROS, and LOCKEMY, JJ., concur.