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2011-UP-538 - State v. Shell

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.

Chrystopher Ingram Shell, Appellant.


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


Unpublished Opinion No. 2011-UP-538  
Submitted November 1, 2011 – Filed December 5, 2011


AFFIRMED


Appellate Defender Robert M. Pachak and Mark Anthony Sawyer, Jr., both of Columbia, for Appellant.

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

PER CURIAM:  Chrystopher Ingram Shell was convicted of distribution of cocaine and sentenced to fifteen years' imprisonment.  Shell appeals, arguing the trial court erred in denying his motion for a mistrial.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Harris, 340 S.C. 59, 63, 530 S.E.2d 626, 627-28 (2000) ("The granting or refusing of a motion for a mistrial lies within the sound discretion of the trial court and its ruling will not be disturbed on appeal absent an abuse of discretion amounting to an error of law."); State v. Council, 335 S.C. 1, 13, 515 S.E.2d 508, 514 (1999) (stating vague references to a defendant's past conduct are not prejudicial and therefore do not warrant a mistrial).

AFFIRMED.

HUFF, PIEPER, and LOCKEMY, JJ., concur.


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