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2008-UP-698 - State v. James

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.

Calvin Dejeniero James, Appellant.


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


Unpublished Opinion No. 2008-UP-698
Submitted December 1, 2008 – Filed December 15, 2008   


AFFIRMED


Chief Appellate Defender Joseph L. Savitz, III, 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 Deborah R. J. Shupe, and Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM:  Calvin Dejeniero James appeals his conviction of first degree burglary and thirty-year sentence.  James argues the trial court erred by admitting evidence of a prior burglary in violation of Rules 403 and 404, SCRE.  We find any error harmless beyond a reasonable doubt in light of the overwhelming evidence of James’s guilt, namely:  (1) pawn shop receipts indicating James personally pawned items from the burglary for which he was being tried; (2) James having been in possession of additional items from the burglary when he was arrested; and (3) fingerprints from James that were found at the scene.  See State v. Cabrera-Pena, 361 S.C. 372, 380, 605 S.E.2d 522, 526 (2004) (holding an error is harmless beyond a reasonable doubt when overwhelming evidence of guilt exists).

AFFIRMED.[1]

ANDERSON, HUFF, and THOMAS, JJ., concur.


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