State v. Fonseca

711 S.E.2d 906, 393 S.C. 229, 2011 S.C. LEXIS 208

• Court: Supreme Court of South Carolina
• Decided: June 27, 2011
• Docket: 26994
• Status: Published

Opinions

Justice PLEICONES.

We granted certiorari to review the decision of the Court of Appeals and now affirm that well-reasoned opinion. State v. Fonseca, 383 S.C. 640, 681 S.E.2d 1 (Ct.App.2009). The Court of Appeals properly held that the circuit court erred in permitting the State to introduce evidence of the 2001 incident, and properly summarily disposed of the State’s additional sustaining ground ¹, and in so doing anticipated our decision in State v. Wallace, 384 S.C. 428, 683 S.E.2d 275 (2009). Finding no error in the Court of Appeals’ decision, we adopt it as our own and therefore

AFFIRM.

BEATTY, KITTREDGE and HEARN, JJ., concur. TOAL, C.J., dissenting in a separate opinion.

1 . The dissent would rely upon Rule 220(c), SCACR, which allows this Court to affirm an appeal for any reason appearing in the record, to reverse the decision which we are reviewing.