State v. Foster

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.

Robert Lee
Foster, Appellant.

Appeal From Spartanburg County

 J. Derham Cole, Circuit Court Judge

Unpublished Opinion No.  2010-UP-341

Submitted June 1, 2010 – Filed June 29,
2010

AFFIRMED

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and
Assistant Attorney General Julie M. Thames, all of Columbia; Solicitor Harold
W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Robert Lee Foster appeals his conviction
for possession with intent to distribute crack cocaine, arguing the trial court
erred in admitting testimony regarding his prior drug paraphernalia conviction
into evidence.  We affirm[1] pursuant to Rule 220(b),
SCACR, and the following authority:  State
v. Govan, 372 S.C. 552, 557, 643
S.E.2d 92, 94 (Ct. App. 2007) ("Normally, a motion in limine to exclude evidence made at the beginning of trial does not preserve the issue
for appellate review because a motion in limine is not a final
determination. The moving party, therefore, must make a contemporaneous
objection when the evidence is introduced.") (internal citations omitted).   

AFFIRMED.

FEW, C.J., THOMAS, and PIEPER, JJ., concur.

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