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2010-UP-423 - State v. Garrick

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.

Benjamin Garrick, Appellant.


Appeal From Dorchester County
Kristi Lea Harrington, Circuit Court Judge


Unpublished Opinion No. 2010-UP-423
Submitted September 1, 2010 – Filed September 28, 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, Assistant Attorney General William M. Blitch, Jr., all of Columbia; and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

PER CURIAM:  Benjamin Garrick appeals his convictions for possession with intent to distribute cocaine and possession with intent to distribute cocaine within the proximity of a school and concurrent sixteen and five year sentences, respectively.  Garrick argues the trial court erred in denying his motion for a mistrial.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. White, 371 S.C. 439, 444, 639 S.E.2d 160, 163 (Ct. App. 2006) ("'The granting of a motion for a mistrial is an extreme measure which should be taken only where an incident is so grevious that prejudicial effect can be removed in no other way.'") (internal citations omitted); State v. Smith, 290 S.C. 393, 395, 350 S.E.2d 923, 924 (1986) (holding great care should be exercised when issuing a curative instruction, and "[t]he jury should be specifically instructed to disregard the evidence, and not to consider it for any purpose during deliberations").

AFFIRMED.

FEW, C.J., HUFF and GEATHERS, JJ., concur. 


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