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2010-UP-384 - State v. Myers

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.

Michelle Gray Myers, Appellant.


Appeal From Lexington County
Thomas Anthony Russo, Circuit Court Judge


Unpublished Opinion No. 2010-UP-384
Submitted June 1, 2010 – Filed August 16, 2010   


AFFIRMED


Appellate Defender Elizabeth Franklin-Best, 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 Harold M. Coombs, Jr., all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Michelle Gray Myers appeals her conviction for malicious injury to personal property and corresponding sentence, arguing the trial court erred in admitting a voicemail recording into evidence.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Pagan, 369 S.C. 201, 208, 631 S.E.2d 262, 265 (2006) (holding the admissibility of evidence is within the sound discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion, and an abuse of discretion occurs when the trial court's admissibility determination either lacks evidentiary support or is controlled by an error of law); State v. Oglesby, 384 S.C. 289, 293, 681 S.E.2d 620, 622 (Ct. App. 2009) (finding an error in the admission of evidence is harmless if the evidence is merely cumulative).

AFFIRMED.

KONDUROS, GEATHERS, and LOCKEMY, JJ., concur.


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