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2010-UP-303 - State v. Patrick

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.

Nathan Benjamin Patrick, Appellant.


Appeal From Richland County
L. Casey Manning, Circuit Court Judge


Unpublished Opinion No. 2010-UP-303
Heard April 13, 2010 – Filed June 9, 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, and Assistant Attorney General Deborah R.J. Shupe; Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Nathan Benjamin Patrick appeals his convictions and sentences for second-degree burglary and grand larceny in connection with the theft of equipment from a business.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Rule 803(8), SCRE (providing that "[r]ecords, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report" are not excluded by the hearsay rule); Rule 902(4), SCRE (holding certified copies of such public records are deemed to be self-authenticating); State v. Benton, 338 S.C. 151, 155, 526 S.E.2d 228, 230 (2000) (holding evidence of other crimes is admissible to establish a material fact or element of the crime charged); State v. Avery, 333 S.C. 284, 296, 509 S.E.2d 476, 483 (1998) (holding defendant failed to preserve for appellate review his claim that trial judge erred by instructing jury it could not return a verdict of armed robbery and involuntary manslaughter because defendant originally suggested jury could return inconsistent verdicts on armed robbery and involuntary manslaughter, he did not object to trial judge's initial or supplemental instructions regarding those offenses).

AFFIRMED.

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