State v. Turner

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.

Phillip Marlon Turner, Appellant.

Appeal from Dorchester County

Diane Schafer Goodstein, Circuit Court
Judge

Unpublished Opinion No.  2012-UP-263

Submitted April 2, 2012 – Filed May 2,
2012 

AFFIRMED

Appellate Defender Kathrine H. Hudgins, of
Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General
Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs Jr.,
all of Columbia; and Solicitor David M. Pascoe Jr., of Summerville, for
Respondent.

PER CURIAM: Phillip Marlon Turner appeals his conviction of assault and battery with
intent to kill, arguing the trial court erred in allowing the State, on
re-direct examination, to introduce a witness's statement when Turner had not
introduced any portion of the statement.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Wiles,
383 S.C. 151, 156, 679 S.E.2d 172, 175 (2009) (holding to preserve an issue regarding the admissibility of
evidence, a contemporaneous objection must be made).[2] 

AFFIRMED.

PIEPER,
KONDUROS, and GEATHERS, JJ., concur.

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

[2] Even if
we were to find the issue preserved, we would affirm.  See State v.
Patterson, 367 S.C. 219, 227-28, 625 S.E.2d 239, 243 (Ct. App. 2006)
(holding fundamental fairness required an entire statement to police to be
admitted into evidence pursuant to Rule 106, SCRE, after defense counsel made
certain inquiries about the statement, opening the door to its admission).