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2008-UP-629 - State v. Walker

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.

Lawrence Reyes Waller, Appellant.


Appeal from Greenville County
 G. Edward Welmaker, Circuit Court Judge


Unpublished Opinion No.  2008-UP-629
Submitted November 3, 2008 – Filed November 12, 2008 


AFFIRMED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Julie M. Thames, all of Columbia; and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM:  Lawrence Reyes Waller appeals his armed robbery and conspiracy convictions.  He argues the trial court erred in admitting the written statement of Jarvis Clement pursuant to Rule 801(d)(1)(B), SCRE.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authority: State v. Nelson, Op. No. 4423 (Ct. App. filed July 8, 2008) (Shearouse Adv. Sh. No. 29 at 91)[2] (setting forth four elements that must be satisfied before a prior consistent statement can be admitted into evidence pursuant to Rule 801(d)(1)(B), SCRE, and holding Clement’s written statement was properly admitted into evidence at trial).

AFFIRMED.

HEARN, C.J., CURETON, A.J., and GOOLSBY, A.J., concur.


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

[2] Donnie Nelson was one of Waller’s co-defendants.  Both men were convicted for their involvement in the robbery of Blessingame’s barbershop. Nelson and Waller presented the same issue on appeal in separate briefs.