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2008-UP-710 - State v. Kirvin

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.

Harry Kirvin, Appellant.


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


Unpublished Opinion No.  2008-UP-710
Submitted December 1, 2008 – Filed December 16, 2008


AFFIRMED


Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  Kirvin appeals his conviction for assault and battery of a high and aggravated nature.  Kirvin argues the trial court erred by admitting a hospital bill and failing to adequately address the State’s reference to community values in his closing argument.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Pagan, 369 S.C. 201, 208, 631 S.E.2d 262, 265 (2006) (holding the admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion); State v. Patterson, 324 S.C. 5, 18, 482 S.E.2d 760, 766 (1997) (explaining if a party objects during closing arguments and the objection is sustained, but the party then fails to move to strike or request a curative instruction, the issue is not preserved for review).

AFFIRMED.[1]

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


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