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2009-UP-246 - State v. Dover

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

James Michael Dover, Appellant.


Appeal From Pickens County
C. Victor Pyle, Jr., Circuit Court Judge


Unpublished Opinion No.  2009-UP-246
Submitted May 1, 2009 – Filed May 28, 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, Assistant Attorney General Julie M. Thames, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  James Michael Dover appeals his convictions for distribution of methamphetamine and distribution of methamphetamine within one half mile of a school, and concurrent sentences of twenty and ten years' imprisonment, respectively.  Dover argues the trial court erred in refusing to exclude portions of a recorded conversation between Dover and an informant which referenced Dover's alleged prior bad acts.  We affirm pursuant to Rule 220(b), SCACR, and the following authorities:  State v. Pagan, 369 S.C. 201, 208, 631 S.E.2d 262, 265 (2006) (holding the admission or exclusion of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion); State v. Rice, 375 S.C. 302, 315, 652 S.E.2d 409, 415 (Ct. App. 2007) (holding an abuse of discretion occurs when the ruling is based on an error of law or factual conclusion without evidentiary support, but the commission of legal error is harmless if it does not result in prejudice to the defendant).

AFFIRMED. [1]

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


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