State v. Johnson ( 2012 )


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  • 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.
    Clifford Johnson, Appellant.
    Appellate Case No. 2009-116926
    Appeal From Union County
    John C. Hayes, III, Circuit Court Judge
    Unpublished Opinion No. 2012-UP-457
    Submitted July 2, 2012 – Filed July 25, 2012
    AFFIRMED
    Deputy Chief Appellate Defender Wanda H. Carter, of
    Columbia, for Appellant.
    Attorney General Alan Wilson, Chief Deputy Attorney
    General John W. McIntosh, and Senior Assistant Deputy
    Attorney General Salley W. Elliott, and Senior Assistant
    Attorney General Harold M. Coombs, Jr., all of
    Columbia; and Solicitor Kevin S. Brackett, of York, for
    Respondent.
    PER CURIAM: Clifford Johnson appeals his conviction for distribution of
    crack cocaine, arguing (1) the trial court erred in finding the chain of custody
    was sufficient to admit the crack cocaine and (2) the trial court's error was not
    harmless. We affirm1 pursuant to Rule 220(b), SCACR, and the following
    authorities:
    1. As to whether the trial court erred in finding the chain of custody was sufficient
    to admit the crack cocaine: State v. Taylor, 
    360 S.C. 18
    , 23, 
    598 S.E.2d 735
    , 737
    (Ct. App. 2004) ("The admission of evidence is addressed to the sound discretion
    of the trial [court]. On appeal, the question presented is whether the trial court's
    decision is controlled by an error of law or is without evidentiary support."); State
    v. Hatcher, 
    392 S.C. 86
    , 93, 
    708 S.E.2d 750
    , 753-54 (2011) ("[W]here all
    individuals in the chain are, in fact, identified and the manner of handling is
    reasonably demonstrated, it is not an abuse of discretion for the trial [court]
    to admit the evidence in the absence of proof of tampering, bad faith, or ill-
    motive.").
    2. As to Johnson's argument concerning harmless error: Futch v. McAllister
    Towing of Georgetown, Inc., 
    335 S.C. 598
    , 613, 
    518 S.E.2d 591
    , 598 (1999)
    (noting an appellate court need not address appellant's remaining issues when its
    determination of a prior issue is dispositive).
    AFFIRMED.
    WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2012-UP-457

Filed Date: 7/25/2012

Precedential Status: Non-Precedential

Modified Date: 10/22/2024