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2009-UP-158 - State v. Costa

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.

Preston Costa, Appellant.


Appeal From Beaufort County
 John C. Few, Circuit Court Judge


Unpublished Opinion No.  2009-UP-158
Submitted March 2, 2009 – Filed March 31, 2009


AFFIRMED


Deputy Chief Defender for Capital Appeals Robert M. Dudek, 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 Norman Mark Rapoport, all of Columbia; and Solicitor Issac McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Preston Costa appeals his conviction for armed robbery.  Costa alleges the trial court erred in excluding testimony from two witnesses corroborating Costa’s alibi defense.  We affirm pursuant to Rule 220(b), SCACR, and the following authority:  State v. Homewood, 241 S.C. 231, 242, 128 S.E.2d 98, 102-03 (1962) (holding the admissibility of testimony is largely within the discretion of the trial judge and his exercise thereof will not be disturbed on appeal unless there is an abuse of discretion).

AFFIRMED.[1]

HEARN, C.J., PIEPER and LOCKEMY, concur.


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