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2011-UP-068 - In the Matter of Don R. Boyd

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

In the Matter of the Care and Treatment of Don R. Boyd, Sr., Appellant.


Appeal From Aiken County
Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No.   2011-UP-068
Submitted February 1, 2011 – Filed February 16, 2011


AFFIRMED


Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R.J. Shupe, Assistant Attorney General R. Westmoreland Clarkson, and Assistant Attorney General William M. Blitch, Jr., all of Columbia, for Respondent.

PER CURIAM:  Don R. Boyd, Sr. appeals his commitment to the South Carolina Department of Mental Health pursuant to a jury's finding he was a sexually violent predator under the Sexually Violent Predator Act.  He argues the trial court erred in limiting his recross-examination of an expert witness.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. China, 312 S.C. 335, 342, 440 S.E.2d 382, 385-86 (Ct. App. 1993) (holding that in the absence of a proffer of excluded testimony, an argument that a trial court erred by permitting redirect examination but not recross is not preserved for appeal).

AFFIRMED.

FEW, C.J., KONDUROS, J., and CURETON, A.J., concur.


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