State v. Gregory

• Court: Court of Appeals of South Carolina
• Decided: January 28, 2003
• Docket: 2003-UP-080
• Status: Unpublished

Opinion

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Wayne Drummond Gregory,        Appellant.

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Appeal From Lexington County
H. Dean Hall, Circuit Court Judge

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Unpublished Opinion No. 2003-UP-080 
Heard January 16, 2003 B Filed January 28, 2003

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AFFIRMED

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Deputy Chief Attorney Joseph L. Savitz, III, of the South Carolina Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney General John W. McIntosh; Assistant Deputy Attorney General Donald J. Zelenka, of Columbia; and Donald V. Myers, of Lexington; for Respondent.

PER CURIAM:  Affirmed pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State v. McHoney, 344 S.C. 85, 99, 544 S.E.2d 30, 37 (2001) (stating Aa contemporaneous objection is required to preserve issues for direct appellate review@); State v. Lynn, 277 S.C. 222, 226, 284 S.E.2d 786, 789 (1981) (holding the failure to contemporaneously object to a matter advanced as prejudicial Acannot be later bootstrapped by a motion for a mistrial@); see also Brecht v. Abrahamson, 507 U.S. 619, 628 (1993) (A[T]he Constitution does not prohibit the use for impeachment purposes of a defendant=s silence prior to arrest, or after arrest if no Miranda warnings are given.@) (citations omitted); State v. Bell, 347 S.C. 267, 271, 554 S.E.2d 435, 437 (Ct. App. 2001) (finding no error or constitutional violation in the State=s cross-examination of the defendant regarding her post-arrest silence where there was no evidence that she had received any Miranda warnings).

AFFIRMED.

GOOLSBY, HUFF, and SHULER, JJ., concur.