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2009-UP-386 - State v. Rathburn

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.,

Bobby Shey Rathburn, Appellant.


Appeal from Richland County
John C. Few, Circuit Court Judge


Unpublished Opinion No. 2009-UP-386
Submitted June 1, 2009 – Filed July 8, 2009   


AFFIRMED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Christina J. Catoe, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Bobby Shey Rathburn appeals his convictions for criminal sexual conduct in the second degree, kidnapping, and criminal domestic violence.  He argues the trial court erred by admitting evidence of a prior conviction.  We affirm pursuant to Rule 220(b), SCACR, and the following authorities: Rule 404(b), SCRE (providing evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith; however, such evidence may be admissible "to show motive, identity, the existence of a common scheme or plan, the absence of mistake or accident, or intent") (emphasis added); State v. Saltz, 346 S.C. 114, 121, 551 S.E.2d 240, 244 (2001) ("The admission or exclusion of evidence is left to the sound discretion of the trial judge, whose decision will not be reversed on appeal absent an abuse of discretion."); State v. Beck, 342 S.C. 129, 135, 536 S.E.2d 679, 682-83 (2000) (holding the evidence of other crimes "must logically relate to the crime with which the defendant has been charged"). 

AFFIRMED.[1]

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


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