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2008-UP-690 - State v. Johnson

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.

Nathaniel Johnson, Jr., Appellant.


Appeal From Beaufort County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2008-UP- 690
Submitted December 1, 2008 – Filed December 11, 2008


AFFIRMED


Appellate Defender Lanelle C. Durant, 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, all of Columbia; and I. McDuffie Stone III, of Beaufort, for Respondent.

PER CURIAM: Nathaniel Johnson, Jr. appeals his convictions for kidnapping and first-degree criminal sexual conduct, alleging the trial court erred in denying his motion for a mistrial.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Walker, 366 S.C. 643, 658-59, 623 S.E.2d 122, 130 (Ct. App. 2005) (stating a trial court’s instruction to disregard incompetent evidence or improper testimony is deemed to have cured any alleged error; therefore, to preserve the issue for review, a party must contemporaneously object to the curative instruction as insufficient or move for a mistrial).

AFFIRMED.[1]

WILLIAMS, PIEPER, and GEATHERS, JJ., concur.


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