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2012-UP-187 - State v. Butler

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, Appellant,

v.

Joe Louis Butler, Jr., Respondent.


Appeal From Lexington County
G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2012-UP-187
Heard February 15, 2012 – Filed March 14, 2012


AFFIRMED


Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General S. Creighton Waters, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Appellant.

Benjamin Allen Stitely and Robert T. Williams, Sr., both of Lexington, for Respondent.

PER CURIAM:  The State appeals the ruling of the trial court granting Joe Louis Butler, Jr. a new trial following his conviction for lewd act on a minor.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Bantan, 387 S.C. 412, 417, 692 S.E.2d 201, 203 (Ct. App. 2010) ("The decision to grant or deny a mistrial is within the sound discretion of the trial court and will not be overturned on appeal absent an abuse of discretion amounting to an error of law.");  id. at 423, 692 S.E.2d at 206 (holding that when determining whether any juror misconduct has improperly influenced the jury, the trial court is in the best position to determine the credibility of the jurors and should be granted broad deference on the issue); State v. Kelly, 331 S.C. 132, 142, 502 S.E.2d 99, 104 (1998) (holding that "[g]enerally, the determination of whether extraneous material received by a juror during the course of the trial is prejudicial is a matter for determination by the trial court").

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.