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Unpublished Opinion No.  2012-UP-241 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.