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2004-MO-006 - Spears v. State

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 Supreme Court

Destry Spears,        Petitioner,

v.

State of South Carolina,        Respondent.


ON WRIT OF CERTIORARI


Appeal From Cherokee County
Donald W. Beatty, Circuit Court Judge


Memorandum Opinion No. 2004-MO-006
Heard January 21, 2004 - Filed March 8, 2004


AFFIRMED


Senior Assistant Appellate Defender Wanda H. Haile, Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Chief Capital & Collateral Litigation Donald Zelenka, Assistant Deputy Attorney General Allen Bullard, Assistant Attorney Generals Douglas E. Leadbitter and Assistant Attorney General Christopher L. Newton, Office of the Attorney General, all of Columbia, for Respondent.


PER CURIAM:  We granted certiorari to review petitioner’s direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986).  We now affirm pursuant to Rule 220 (b)(1), SCACR, and the following authority:  State v. Beck, 342 S.C. 129, 536 S.E.2d 679 (2000)(appellant must demonstrate error and prejudice to obtain reversal).

MOORE, A.C.J., WALLER, BURNETT, PLEICONES, JJ., and Acting Justice G. Thomas Cooper, Jr., concur.