In the Matter of Dusty A. ( 2014 )

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
In the Matter of the Care and Treatment of Dusty A. Cyr,
Appellant.
Appellate Case No. 2012-211486
Appeal From Lexington County
William P. Keesley, Circuit Court Judge
Unpublished Opinion No. 2014-UP-111
Submitted February 1, 2014 – Filed March 12, 2014
AFFIRMED
Appellate Defender LaNelle Cantey DuRant, of
Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General Deborah R.J. Shupe,
both of Columbia, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Shuler, 353 S.C. 176, 184, 577 S.E.2d 438, 442 (2003) ("The
relevance, materiality, and admissibility of evidence are matters within the sound
discretion of the trial court and a ruling will be disturbed only upon a showing of
an abuse of discretion."); State v. Holder, 382 S.C. 278, 293, 676 S.E.2d 690, 698
(2009) ("An abuse of discretion occurs when the conclusions of the trial court
either lack evidentiary support or are controlled by an error of law." (internal
quotation marks omitted)); State v. Green, 397 S.C. 268, 287, 724 S.E.2d 664, 673
(2012) ("To warrant reversal based on the wrongful admission of evidence, the
complaining party must prove resulting prejudice."); State v. Inman, 395 S.C. 539,
565, 720 S.E.2d 31, 45 (2011) ("[I]t is a near insurmountable burden for a
defendant to prove prejudice in the context of a bench trial as a judge is presumed
to disregard prejudicial or inadmissible evidence."); S.C. Code Ann. § 44-48-30(1)
(Supp. 2013) ("'Sexually violent predator' means a person who: (a) has been
convicted of a sexually violent offense; and (b) suffers from a mental abnormality
or personality disorder that makes the person likely to engage in acts of sexual
violence if not confined in a secure facility for long-term control, care, and
treatment."); White v. State, 375 S.C. 1, 9, 649 S.E.2d 172, 176 (Ct. App. 2007)
("'[P]ast criminal history is directly relevant' to proving a person is a sexually
violent predator." (quoting In re Corley, 353 S.C. 202, 206, 577 S.E.2d 451, 453
(2003))).
AFFIRMED.1
HUFF, THOMAS, and KONDUROS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.