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2009-UP-221 - State v. Sanders

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.

Jerry Lewis Sanders, Appellant.


Appeal From Florence County
R. Knox McMahon, Circuit Court Judge


Unpublished Opinion No. 2009-UP-221
Submitted April 1, 2009 – Filed May 26, 2009  


AFFIRMED


Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, and Solicitor Edgar L. Clements, III, of Florence, for Respondent.

PER CURIAM: Jerry Lewis Sanders appeals his conviction for possession of a pistol by a person convicted of a violent crime.  On appeal, Sanders argues: (1) the trial court erred in finding his prior assault and battery of a high and aggravated nature with a gun was a crime of violence under section 16-23-10(3) of the South Carolina Code; and (2) the trial court violated Rule 404(b), SCRE by allowing the State to introduce evidence Sanders was convicted of a crime of violence.  We affirm pursuant to Rule 220(b), SCACR, and the authority that follows. 

As to Sanders first argument: S.C. Code Ann. § 16-23-10(3) (Supp. 2008) (defining “assault with a dangerous weapon” as a crime of violence).  As to Sanders second argument: State v. Turner, 373 S.C. 121, 126 n.1, 644 S.E.2d 693, 696 n.1 (2007) (finding appellant’s argument unpreserved for appellate review where appellant failed to object at trial).

AFFIRMED.[1]

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


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