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2009-UP-009 - State v. Mills

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.

John Lewis Mills, Appellant.


Appeal From Greenville County
 D. Garrison Hill, Circuit Court Judge


Unpublished Opinion No. 2009-UP-009
Submitted January 2, 2009 – Filed January 8, 2009   


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 M. Ariail, of Greenville, for Respondent.

PER CURIAM:  John Lewis Mills appeals his conviction and sentence for armed robbery.  Mills argues the trial court erred by admitting inculpatory statements made during plea negotiations.  Mills also maintains his inculpatory statements were obtained in violation of his constitutional right against self incrimination and right to counsel.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: State v. Pagan, 369 S.C. 201, 208, 631 S.E.2d 262, 265 (2006) (finding admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion); State v. Compton, 366 S.C. 671, 679-80, 623 S.E.2d 661, 665 (Ct. App. 2005) (finding statements made by defendant, with his attorney present, during a discussion with police officers and solicitor admissible because they were not the type excluded by Rule 410, SCRE).  

AFFIRMED.

Huff, Thomas, and Lockemy, JJ., concur.


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