State v. Dover

• Court: Court of Appeals of South Carolina
• Decided: June 22, 2016
• Docket: 2016-UP-319
• Status: Unpublished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.

David W. Dover, Appellant.

Appellate Case No. 2014-002436

Appeal From York County Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2016-UP-319 Submitted May 1, 2016 – Filed June 22, 2016

AFFIRMED

Appellate Defender Lara Mary Caudy, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General John Benjamin Aplin, both of Columbia; and Solicitor Kevin Scott Brackett, of York, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Garner, 389 S.C. 61, 65, 697 S.E.2d 615, 617 (Ct. App. 2010) ("In criminal cases an appellate court sits to review errors of law only."); id. ("Evidentiary rulings are within the sound discretion of the trial court, and such rulings will not be reversed absent an abuse of discretion or the commission of legal error that prejudices the defendant."); Rule 801(d)(1)(C), SCRE (providing a statement "of identification of a person made after perceiving the person" is not hearsay if "[t]he declarant testifie[d] at the trial or hearing and is subject to cross- examination concerning the statement").

AFFIRMED.1

SHORT and THOMAS, JJ., and CURETON, A.J., concur.

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