DocketNumber： 2008-UP-637
Filed Date： 11/13/2008
Status： Non-Precedential
Modified Date： 10/22/2024
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
In the Matter of the Care and Treatment of Ricky H. Pitts, Appellant.
Appeal from Pickens County
Edward W. Miller, Circuit Court Judge
Unpublished Opinion No. 2008-UP-637
Submitted November 3, 2008 Filed
November 13, 2008
AFFIRMED
Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R.J. Shupe, Assistant Attorney General R. Westmoreland Clarkson, all of Columbia, for Respondent.
PER CURIAM: Ricky H. Pitts appeals his commitment to the South Carolina Department of Mental Health as a sexually violent predator. Pitts argues the trial court erred by overruling his objection to the solicitors comments during closing argument and by failing to issue a curative instruction to the jury. We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Navy, 370 S.C. 398, 412, 635 S.E.2d 549, 556 (Ct. App. 2006) (holding the trial court is given broad discretion in determining the appropriateness of a solicitors closing argument and this court will not disturb the trial courts ruling absent an abuse of discretion); State v. Sierra, 337 S.C. 368, 373, 523 S.E.2d 187, 189 (Ct. App. 1999) (holding an appellant must prove both an abuse of discretion and resulting prejudice to warrant reversal).
AFFIRMED.
HEARN, C.J., SHORT and KONDUROS, JJ., concur.
[1] We decide this case without oral argument pursuant to Rule 215, SCACR.