State v. Earnest E. Vaughn, Sr.

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.
Earnest Edward Vaughn, Sr., Appellant.
Appellate Case No. 2016-002300
Appeal From Greenwood County
Donald B. Hocker, Circuit Court Judge
Unpublished Opinion No. 2018-UP-409
Submitted September 1, 2018 – Filed November 7, 2018
AFFIRMED
Appellate Defender Taylor Davis Gilliam, of Columbia,
for Appellant.
Attorney General Alan McCrory Wilson and Assistant
Attorney General Jonathan Scott Matthews, both of
Columbia; and Solicitor David Matthew Stumbo, of
Greenwood, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Dial, 405 S.C. 247, 257, 746 S.E.2d 495, 500 (Ct. App. 2013)
("The decision to grant or deny a mistrial is within the sound discretion of the trial
court." (quoting State v. Wiley, 387 S.C. 409, 495, 692 S.E.2d 560, 563 (Ct. App.
2010))); id. ("The trial court's decision will not be overturned on appeal absent an
abuse of discretion amounting to an error of law." (quoting Wiley, 387 S.C. at 495,
692 S.E.2d at 563)); State v. Thompson, 352 S.C. 552, 561, 575 S.E.2d 77, 82 (Ct.
App. 2003) ("[A] vague reference to a defendant's prior criminal record is not
sufficient to justify a mistrial where there is no attempt by the State to introduce
evidence that the accused has been convicted of other crimes."); State v. George,
323 S.C. 496, 510, 476 S.E.2d 903, 911-12 (1996) ("If the trial [court] sustains a
timely objection to testimony and gives the jury a curative instruction to disregard
the testimony, the error is deemed to be cured.").
AFFIRMED.1
LOCKEMY, C.J., and THOMAS and GEATHERS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.