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Unpublished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.