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2010-UP-471 - State v. Williams, Ricky

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.

Ricky B. Williams, Appellant.


Appeal From Sumter County
George C. James, Jr., Circuit Court Judge


Unpublished Opinion No. 2010-UP-471
Submitted October 1, 2010 – Filed October 28, 2010   


AFFIRMED


Appellate Defender Elizabeth A. 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, and Assistant Attorney General Julie M. Thames, all of Columbia; and Solicitor C. Kelly Jackson, of Sumter, for Respondent.

PER CURIAM: Ricky B. Williams appeals his first-degree burglary conviction.  On appeal, Williams argues the trial court abused its discretion by allowing expert witnesses' testimony regarding the victim's post-traumatic stress disorder diagnosis and subsequent treatment the victim received to treat her mental health issues resulting from the alleged criminal sexual conduct.   We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: Rule 403, SCRE (providing relevant evidence is admissible unless "its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence"); State v. White, 361 S.C. 407, 415, 605 S.E.2d 540, 544 (2004) (holding any prejudice caused by rape trauma evidence does not outweigh its probative value when the "purpose of admitting rape trauma evidence [is] to refute the defendant's contention that the sex was consensual and to prove that a sexual offense occurred"); State v. Schumpert, 312 S.C. 502, 506, 435 S.E.2d 859, 861-62 (1993) (finding rape trauma evidence "admissible where its probative value outweighs its prejudicial effect");  State v. Alexander, 303 S.C. 377, 381, 401 S.E.2d 146, 149 (1991) (finding evidence of a victim's mental trauma and behavioral and personality changes is relevant to prove the elements of criminal sexual conduct because such evidence makes it "more or less probable that the offense occurred").

AFFIRMED.

WILLIAMS, PIEPER, and KONDUROS, JJ., concur.


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