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2009-UP-052 - State v. Frasier

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.

Moses A. Frasier, Appellant.


Appeal From Charleston County
James C. Williams, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-052
Submitted January 2, 2009 – Filed January 15, 2009   


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 William M. Blitch, Jr., all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Moses A. Frasier appeals his conviction and sentence for voluntary manslaughter, arguing the trial court erred in refusing to suppress a statement he made to a police officer.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: State v. Navy, 370 S.C. 398, 405, 635 S.E.2d 549, 553 (Ct. App. 2006) (“Appellate review of whether a person is in custody for Miranda purposes is limited to a determination of whether the trial judge’s ruling is supported by the record.”); Bradley v. State, 316 S.C. 255, 257, 449 S.E.2d 492, 493-94 (1994) (“The relevant inquiry is whether a reasonable man in the suspect’s position would have understood himself to be in custody.”).

AFFIRMED.

HEARN, C.J., SHORT and KONDUROS, JJ., concur. 


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