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2004-UP-041 - State v. Turner

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Kenneth M. Turner,        Appellant.


Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2004-UP-041
Submitted November 19, 2003 – Filed January 21, 2004


AFFIRMED


Chief Appellate Defender Daniel T. Stacey, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Kenneth M. Turner appeals his convictions for common law robbery and assault and battery of a high and aggravated nature arguing the trial court should have suppressed the victim’s in-court identification of him.  We affirm [1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State v. Hughes, 336 S.C. 585, 591, 521 S.E.2d 500, 503 (1999) (holding an in limine ruling is not final and does not preserve an issue for appeal); see also State v. Wannamaker, 346 S.C. 495, 499, 552 S.E.2d 284, 286 (2001) (holding issue of whether court erred in failing to suppress defendant’s custodial statement was not preserved despite the court’s denial of suppression motion where defendant failed to make contemporaneous objection when the statement was read into evidence).

AFFIRMED.

HUFF, STILWELL, and BEATTY, JJ., concur.


[1]        We decide this case without oral argument pursuant to Rule 215, SCACR.