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2004-UP-325 - State v. Atchison

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


The State,        Respondent,

v.

Craig L. Atchison,        Appellant.


Appeal From Newberry County
James W. Johnson, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-325
Submitted May 2, 2004 – Filed May 14, 2004


AFFIRMED


Assistant Appellate Defender Robert M. Pachak, of S.C. Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for Respondent.

PER CURIAM:  Appellant, Craig L. Atchison, was charged with and convicted of first-degree burglary, larceny, and possession of a weapon during the commission of a violent crime.  On appeal, Atchison asserts reversible error in the admission of evidence of more than two previous burglary convictions to prove an element of first degree burglary, as well as the failure of the trial judge to redact prior indictments which were admitted to show the previous burglary convictions and included crimes other than the burglaries.  We affirm pursuant to Rule 220(b)(2), SCACR and the following authorities:  State v. Keenon, 356 S.C. 457, 459, 590 S.E.2d 34, 36 (2003) (although the trial court committed clear error in admitting evidence of all six of defandant’s prior burglary/housebreaking convictions without first weighing the prejudicial effect against the probative value, given the overwhelming evidence of defandant’s guilt the admission of more than two prior convictions was harmless error); State v. Kilgore, 325 S.C. 188, 192, 480 S.E.2d 736, 738 (1997) (where evidence of guilt was overwhelming without any reference to defendant’s guilty plea to misprision of a felony, any error in admission of guilty plea was harmless); State v. Parker, 315 S.C. 230, 235, 433 S.E.2d 831, 833 (1993) (the erroneous admission of prior bad acts evidence is not reversible error where the evidence of guilt is overwhelming without any reference to the evidence of the prior bad act); State v. Mitchell, 286 S.C. 572, 573, 336 S.E.2d 150, 151 (1985) (error is harmless when it could not reasonably have affected the result of the trial).

AFFIRMED.

ANDERSON, HUFF, and KITTREDGE, JJ., concur.