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2011-UP-245 - State v. McFadden

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.

Michael Phillip McFadden, Appellant.


Appeal From Florence County
Ralph King Anderson, Jr., Circuit Court Judge


Unpublished Opinion No. 2011-UP-245  
Submitted May 1, 2011 – Filed May 24, 2011


AFFIRMED


Appellate Defender Kathrine Hudgins, of Columbia, for Appellant.

Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, all of Columbia; and Solicitor Edgar L. Clements, III, of Florence, for Respondent.

PER CURIAM:  Michael Phillip McFadden appeals his convictions for possession of cocaine, possession of cocaine base with intent to distribute, and possession of a sawed-off shotgun, arguing the trial court erred in admitting testimony concerning a statement made by him because he was not given notice of the statement under Rule 5, SCRCrimP, until the day before trial.  We affirm[1] pursuant to rule 220(b)(1), SCACR, and the following authorities:  State v. Kerr, 330 S.C. 132, 150, 498 S.E.2d 212, 221 (Ct. App. 1998) (holding a trial court's decision of whether to impose sanctions under Rule 5, SCRCrimP, "will not be disturbed absent an abuse of discretion"); State v. Davis, 309 S.C. 56, 63, 419 S.E.2d 820, 824-25 (Ct. App. 1992) (holding the trial court did not abuse its discretion in denying a defendant's motion to suppress statements when Rule 5, SCRCrimP, may have been violated and when defendant was given an opportunity to view and copy the State's file on the statement and the defendant did not request a continuance).

AFFIRMED.

SHORT, KONDUROS, and GEATHERS, JJ., concur.


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