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2010-UP-235 - State v. Richburg

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.

Tarren Lee Richburg, Appellant.


Appeal From Horry County
J. Michael Baxley, Circuit Court Judge


Unpublished Opinion No. 2010-UP-235
Submitted March 1, 2010 – Filed April 12, 2010


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, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Tarren Lee Richburg appeals his conviction for one count of trafficking in powder cocaine more than ten grams, but less than twenty-eight grams, arguing the trial court erred in refusing to grant his motion for a mistrial.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. George, 323 S.C. 496, 510, 476 S.E.2d 903, 912 (1996) (holding the issue is not preserved for review if  the "objecting party accepts the judge's ruling and does not contemporaneously make an additional objection to the sufficiency of the curative charge or move for a mistrial").

AFFIRMED.

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


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