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2008-UP-286 - State v. Battle

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.

Elijah Battle, Jr., Appellant.


Appeal From Aiken County
 Thomas A. Russo, Circuit Court Judge


Unpublished Opinion No.  2008-UP-286
Submitted June 1, 2008 – Filed June 4, 2008 


AFFIRMED


Appellate Defender Lanelle C. Durant, 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, Assistant Attorney General Julie M. Thames, Office of the Attorney General, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Elijah Battle appeals his conviction for armed robbery and possession of a firearm during the commission of a violent crime.  We affirm pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State v. Mansfield, 343 S.C. 66, 77, 538 S.E.2d 257, 263 (Ct. App. 2000) (a trial court’s ruling on admissibility of evidence will not be reversed on appeal absent an abuse of discretion or the commission of legal error which results in prejudice to the defendant); State v. Schumpert, 312 S.C. 502, 507, 435 S.E.2d 859, 862 (1993) (stating that any error in admission of evidence cumulative to other unobjected-to evidence is harmless); State v. Johnson, 298 S.C. 496, 499, 381 S.E.2d 732, 733 (1989) ("The admission of improper evidence is harmless where it is merely cumulative to other evidence."). 

AFFIRMED.[1]

HEARN, C.J., and SHORT, J., and KONDUROS, J., concur.


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