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2009-UP-224 - State v. Battle

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.

Korell Battle Appellant.


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


Unpublished Opinion No.  2009-UP-224
Submitted May 1, 2009 – Filed May 27, 2009


AFFIRMED


Appellate Defender Eleanor Duffy Cleary, 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 General Julie M. Thames, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Korell Battle appeals his convictions for armed robbery and possession of a firearm during the commission of a violent crime.  Battle argues the trial court erred in allowing in evidence that he did not tell police the name of the person who robbed the Kentucky Fried Chicken.  We affirm pursuant to Rule 220(b), SCACR, and the following authorities:  State v. Jackson, 364 S.C. 329, 335, 613 S.E.2d 374, 377 (2005) (holding an issue conceded at trial cannot be argued on appeal); State v. Johnson, 298 S.C. 496, 497-98, 381 S.E.2d 732, 733 (1989) (holding express consent to the admission of evidence constitutes a waiver of the issue on appeal).

AFFIRMED.[1]

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


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