Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2012-UP-241 - State v. Acevedo

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.

Ricardo Acevedo, Appellant.


Appeal From Beaufort County
Thomas A. Russo, Circuit Court Judge


Unpublished Opinion No.  2012-UP-241 
Submitted April 2, 2012 – Filed April 25, 2012


AFFIRMED


Deputy Chief Appellate Defender Wanda H. Carter and Appellate Defender Tristan M. Shaffer, both of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David Spencer, all of Columbia; and Solicitor Isaac McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Ricardo Acevedo appeals his conviction of second degree criminal sexual conduct with a minor, arguing the trial court impermissibly commented on the weight of the impeachment evidence when it instructed the jury "time is not an element of the crime."  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Brandt, 393 S.C. 526, 549, 713 S.E.2d 591, 603 (2011) ("In reviewing jury charges for error, [the appellate court] must consider the [trial] court's jury charge as a whole in light of the evidence and issues presented at trial.  A jury charge is correct if, when the charge is read as a whole, it contains the correct definition and adequately covers the law." (citation and internal quotation marks omitted)). 

AFFIRMED.

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


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