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2007-UP-550 - State v. Burke

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.

Christopher Lovett Burke, Appellant.


Appeal From Spartanburg County
 John C. Few, Circuit Court Judge


Unpublished Opinion No. 2007-UP-550
Submitted November 1, 2007 – Filed December 14, 2007


AFFIRMED


Chief Attorney Joseph L. Savitz, III, South Carolina Commission of Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Asst. Attorney General Norman Mark Rapoport, Office of the Attorney General, of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  We affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State v. Floyd, 295 S.C. 518, 520, 369 S.E.2d 842, 843 (1988) (noting a ruling on a motion in limine is not the ultimate disposition on the admissibility of evidence, but remains subject to change based upon developments during the trial); State v. Smith, 337 S.C. 27, 32, 522 S.E.2d 598, 600 (1999) (“A ruling in limine is not final; unless an objection is made at the time the evidence is offered and a final ruling procured, the issue is not preserved for review.”).

AFFIRMED.

HUFF and PIEPER, JJ., and CURETON, AJ., concur. 


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