State v. Distasio

• Court: Court of Appeals of South Carolina
• Decided: January 10, 2018
• Docket: 2018-UP-015
• Status: Unpublished

Opinion

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.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

Dean Guisseppi Distasio, Appellant.

Appellate Case No. 2015-002130

Appeal From York County R. Scott Sprouse, Circuit Court Judge

Unpublished Opinion No. 2018-UP-015 Submitted November 1, 2017 – Filed January 10, 2018

AFFIRMED

Appellate Defender Laura Ruth Baer, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia; and Solicitor Kevin Scott Brackett, of York, all for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Meggett, 398 S.C. 516, 523, 728 S.E.2d 492, 496 (Ct. App. 2012) ("The denial of a motion for a continuance is within the sound discretion of the trial court and will not be disturbed absent a showing of an abuse of discretion resulting in prejudice."); State v. Geer, 391 S.C. 179, 189, 705 S.E.2d 441, 447 (Ct. App. 2010) ("An abuse of discretion arises from an error of law or a factual conclusion that is without evidentiary support." (quoting State v. Irick, 344 S.C. 460, 464, 545 S.E.2d 282, 284 (2001))); id. at 190, 705 S.E.2d at 447 ("[R]eversals of refusal of continuance are about as rare as the proverbial hens' teeth." (alteration by court) (quoting State v. Lytchfield, 230 S.C. 405, 409, 95 S.E.2d 857, 859 (1957))); Meggett, 398 S.C. at 524, 728 S.E.2d at 496 ("A mistrial should be granted only when absolutely necessary and a defendant must show both error and resulting prejudice to be entitled to a mistrial." (quoting State v. Bantan, 387 S.C. 412, 417, 692 S.E.2d 201, 203 (Ct. App. 2010))).

AFFIRMED. 1

LOCKEMY, C.J., and HUFF and HILL, JJ., concur.

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