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2010-UP-341 - State v. Foster

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.

Robert Lee Foster, Appellant.


Appeal From Spartanburg County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No.  2010-UP-341
Submitted June 1, 2010 – Filed June 29, 2010


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, and Assistant Attorney General Julie M. Thames, all of Columbia; Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Robert Lee Foster appeals his conviction for possession with intent to distribute crack cocaine, arguing the trial court erred in admitting testimony regarding his prior drug paraphernalia conviction into evidence.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authority:  State v. Govan, 372 S.C. 552, 557, 643 S.E.2d 92, 94 (Ct. App. 2007) ("Normally, a motion in limine to exclude evidence made at the beginning of trial does not preserve the issue for appellate review because a motion in limine is not a final determination. The moving party, therefore, must make a contemporaneous objection when the evidence is introduced.") (internal citations omitted).   

AFFIRMED.

FEW, C.J., THOMAS, and PIEPER, JJ., concur.


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