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2009-UP-079 - State v. Harrison

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.

Clarence A. Harrison, II, Appellant.


Appeal From Abbeville County
 Roger L. Couch, Circuit Court Judge


Unpublished Opinion No. 2009-UP-079
Submitted February 2, 2009 – Filed February 11, 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 Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

PER CURIAM:  Clarence A. Harrison, II appeals his convictions for attempted armed robbery, assault and battery with intent to kill, and possession of a firearm or knife during the commission of a violent crime.  Harrison argues the trial court erred in not granting a mistrial and improperly charging the jury with the law of assault and battery of a high and aggravated nature.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: State v. Stanley, 365 S.C. 24, 33, 615 S.E.2d 455, 460 (Ct. App. 2005) (finding the decision to grant a mistrial is in the sound discretion of the trial court and will not be overturned on appeal absent an abuse of discretion amounting to an error of law); State v. Kinard, 373 S.C. 500, 503, 646 S.E.2d 168, 169 (Ct. App. 2007) ("An appellate court will not reverse the trial judge's decision regarding jury charges absent an abuse of discretion."). 

AFFIRMED.

Huff, Williams, and Konduros, JJ., concur.


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