Opinion
2012-UP-263
05-02-2012
The State, Respondent, v. Phillip Marlon Turner, 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, and Senior Assistant Attorney General Harold M. Coombs Jr., all of Columbia; and Solicitor David M. Pascoe Jr., of Summerville, for Respondent.
UNPUBLISHED OPINION
Submitted April 2, 2012.
Appeal from Dorchester County Diane Schafer Goodstein, Circuit Court Judge.
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, and Senior Assistant Attorney General Harold M. Coombs Jr., all of Columbia; and Solicitor David M. Pascoe Jr., of Summerville, for Respondent.
PER CURIAM
Phillip Marlon Turner appeals his conviction of assault and battery with intent to kill, arguing the trial court erred in allowing the State, on re-direct examination, to introduce a witness's statement when Turner had not introduced any portion of the statement. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Wiles, 383 S.C. 151, 156, 679 S.E.2d 172, 175 (2009) (holding to preserve an issue regarding the admissibility of evidence, a contemporaneous objection must be made).
We decide this case without oral argument pursuant to Rule 215, SCACR.
Even if we were to find the issue preserved, we would affirm. See State v. Patterson, 367 S.C. 219, 227-28, 625 S.E.2d 239, 243 (Ct. App. 2006) (holding fundamental fairness required an entire statement to police to be admitted into evidence pursuant to Rule 106, SCRE, after defense counsel made certain inquiries about the statement, opening the door to its admission).
AFFIRMED.
PIEPER, KONDUROS, and GEATHERS, JJ., concur.