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2012-UP-248 - State v. Kelly

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.

Brian Keith Kelly, Appellant.


Appeal From York County
John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2012-UP-248
Submitted April 2, 2012 – Filed April 25, 2012   


AFFIRMED


David B. Sample, of Fort Mill, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., all of Columbia; and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  Brian Keith Kelly appeals his conviction of obtaining signature or property under false pretenses, arguing the trial court erred in admitting evidence of prior bad acts.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Anderson, 386 S.C. 120, 126, 687 S.E.2d 35, 38 (2009) ("The admission of evidence is within the discretion of the trial court and will not be reversed absent an abuse of discretion.  An abuse of discretion occurs when the conclusions of the trial court either lack evidentiary support or are controlled by an error of 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.