State v. Watson ( 2013 )


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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.
    Michael Watson, Appellant.
    Appellate Case No. 2010-173126
    Appeal From Saluda County
    William P. Keesley, Circuit Court Judge
    Unpublished Opinion No. 2013-UP-276
    Heard June 4, 2013 – Filed June 26, 2013
    AFFIRMED
    Appellate Defender Kathrine Haggard Hudgins, of
    Columbia, for Appellant.
    Attorney General Alan M. Wilson, Chief Deputy
    Attorney General John W. McIntosh, Senior Assistant
    Deputy Attorney General Salley W. Elliott, and Assistant
    Deputy Attorney General David A. Spencer, all of
    Columbia; and Solicitor Donald V. Myers, of Lexington,
    for Respondent.
    PER CURIAM: Michael Watson appeals his convictions for voluntary
    manslaughter, pointing and presenting a firearm, and possession of a firearm
    during the commission of a violent crime. Watson argues the trial court erred in
    (1) denying his motion to reconsider his sentence for voluntary manslaughter, and
    (2) refusing to suppress his statement to Officer Cockrell. We affirm pursuant to
    Rule 220(b), SCACR, and the following authorities:
    1. As to whether the trial court erred in denying Watson's motion to reconsider his
    sentence for voluntary manslaughter: State v. Warren, 
    392 S.C. 235
    , 237-38, 
    708 S.E.2d 234
    , 235 (Ct. App. 2011) ("The authority to change a sentence rests solely
    and exclusively within the discretion of the sentencing judge."); 
    id. at 238
    , 708
    S.E.2d at 235 ("An abuse of discretion occurs where the conclusions of the trial
    court are either controlled by an error of law or lack evidentiary support.").
    2. As to whether the trial court erred in refusing to suppress Watson's statement to
    Officer Cockrell: State v. Miller, 
    375 S.C. 370
    , 378, 
    652 S.E.2d 444
    , 448 (Ct.
    App. 2007) ("The trial [court] determines the admissibility of a statement upon
    proof of its voluntariness by a preponderance of the evidence."); 
    id.
     ("On appeal,
    the conclusion of the trial [court] as to the voluntariness of a statement will not be
    reversed unless so erroneous as to show an abuse of discretion."); 
    id. at 378-79
    ,
    652 S.E.2d at 448 ("When reviewing a trial [court]'s ruling concerning
    voluntariness, the appellate court does not re-evaluate the facts based on its own
    view of the preponderance of the evidence, but simply determines whether the trial
    [court]'s ruling is supported by any evidence.").
    AFFIRMED.
    FEW, C.J., and GEATHERS and LOCKEMY, JJ., concur.
    

Document Info

Docket Number: 2013-UP-276

Filed Date: 6/26/2013

Precedential Status: Non-Precedential

Modified Date: 10/22/2024