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2009-UP-325 - State v. Bell

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.

Willie Bell, Jr., Appellant.


Appeal From Orangeburg County
James C. Williams, Jr., Circuit Court Judge


Unpublished Opinion No. 2009-UP-325
Submitted June 1, 2009 – Filed June 15, 2009  


AFFIRMED


Deputy Chief Appellate 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 Donald J. Zelenka, Assistant Attorney General J. Anthony Mabry, all of Columbia; and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

PER CURIAM:  Willie Bell, Jr., appeals his convictions and sentences for murder, arguing the trial judge erred in dismissing a juror before the second day of trial.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:  Section 14-7-810 of the South Carolina Code (Supp. 2008) ("[N]o person is qualified to serve as a juror in any court in this State if . . . (4) he has less than a sixth grade education or its equivalent."); State v. McDaniel, 275 S.C. 222, 224, 268 S.E.2d 585, 586 (1980) (holding "[t]here is no right to be tried by a jury composed of particular individuals."); State v. Manning, 329 S.C. 1, 7, 495 S.E.2d 191, 194 (1997) ("An abuse of discretion occurs when the trial judge's ruling has no evidentiary support." ); State v. Bell, 374 S.C. 136, 147, 646 S.E.2d 888, 894 (Ct. App. 2007) ("A decision whether to dismiss a juror and replace her with an alternate is within the sound discretion of the trial court, and such decision will not be reversed on appeal absent an abuse of discretion.").  

AFFIRMED.

HUFF, PIEPER, and GEATHERS, JJ., concur.


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