State v. Kronsberg ( 2016 )


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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.
    Robert T. Kronsberg, Appellant.
    Appellate Case No. 2014-002682
    Appeal From Charleston County
    Roger M. Young, Sr., Circuit Court Judge
    Unpublished Opinion No. 2016-UP-444
    Submitted September 1, 2016 – Filed October 26, 2016
    AFFIRMED
    Appellate Defender Susan Barber Hackett, of Columbia,
    for Appellant.
    Attorney General Alan McCrory Wilson, Chief Deputy
    Attorney General John W. McIntosh, Senior Assistant
    Deputy Attorney General Donald J. Zelenka, and
    Assistant Attorney General Susannah Rawl Cole, all of
    Columbia; and Solicitor Scarlett Anne Wilson, of
    Charleston, for Respondent.
    PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
    authorities: State v. Miller, 
    375 S.C. 370
    , 381, 
    652 S.E.2d 444
    , 450 (Ct. App. 2007)
    ("Under Jackson v. Denno, [
    378 U.S. 368
     (1964),] a defendant is entitled to a
    'reliable determination as to the voluntariness of his [statement] by a tribunal other
    than the jury charged with deciding his guilt or innocence.'" (second alteration in
    original) (quoting State v. Fortner, 
    266 S.C. 223
    , 226, 
    222 S.E.2d 508
    , 510
    (1976))); id. at 382, 652 S.E.2d at 450 ("The State bears the burden of showing the
    statement was voluntary."); id. at 378, 652 S.E.2d at 448 ("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 ("[T]he 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.1
    LOCKEMY, C.J., and THOMAS and KONDUROS, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2016-UP-444

Filed Date: 10/26/2016

Precedential Status: Non-Precedential

Modified Date: 10/22/2024