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2011-UP-418 - DeLeon v. State

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

Fredy DeLeon, Petitioner,

v.

State of South Carolina, Respondent.


Appeal From Edgefield County
William P. Keesley, Trial Judge
R. Knox McMahon, Post-Conviction Relief Judge


Unpublished Opinion No. 2011-UP-418
Submitted September 1, 2011 – Filed September 9, 2011 


AFFIRMED


Tricia A. Blanchette, of Columbia, for Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Daniel E. Grigg, all of Columbia, for Respondent.

PER CURIAM:  Pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986) and White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974), by order filed November 1, 2010, this court granted certiorari and a belated direct appeal.

On appeal, DeLeon asserts the trial court erred in refusing to grant a new trial based on an allegation of juror misconduct due to an external influence.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Zeigler, 364 S.C. 94, 108, 610 S.E.2d 859, 866 (Ct. App. 2005) ("On appeal, the denial of a new trial motion will be disturbed only upon a showing of an abuse of discretion."); id. ("A denial of a new trial based on alleged jury misconduct is reviewed for an abuse of discretion."); id. ("The trial court has broad discretion in assessing allegations of juror misconduct."); id. ("Unless the misconduct affects the jury's impartiality, it is not such misconduct as will affect the verdict."). 

AFFIRMED.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


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