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2011-UP-101 - State v. Mitchell

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.

Darrell Nathaniel Mitchell, Appellant.


Appeal From Florence County
 J. Ernest Kinard, Jr., Circuit Court Judge


Unpublished Opinion No.  2011-UP-101
Submitted March 1, 2011 – Filed March 14, 2011 


AFFIRMED


Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Brendan J. McDonald, all of Columbia; and Solicitor Edgar L. Clements, III, for Respondent.

PER CURIAM:  Darrell Nathanial Mitchell appeals his murder conviction and corresponding thirty-year sentence, arguing the trial court erred in refusing to issue a mere presence jury charge without also charging hand of one, hand of all.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Bryant, 372 S.C. 305, 315-16, 642 S.E.2d 582, 588 (2007) (stating an issue conceded at trial cannot be argued on appeal).

AFFIRMED.

WILLIAMS, GEATHERS, and LOCKEMY, JJ., concur.


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