State v. Dover

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.

James Michael Dover, Appellant.

Appeal From Pickens County

C. Victor Pyle, Jr., Circuit Court Judge

Unpublished Opinion No.  2009-UP-246

Submitted May 1, 2009 – Filed May 28, 2009

AFFIRMED

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

Attorney
General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh,
Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General
Julie M. Thames, all of Columbia; and Solicitor Robert M. Ariail, of Greenville,
for Respondent.

PER
CURIAM:  James Michael Dover appeals
his convictions for distribution of methamphetamine and distribution of
methamphetamine within one half mile of a school, and concurrent sentences of
twenty and ten years' imprisonment, respectively.  Dover argues the trial court
erred in refusing to exclude portions of a recorded conversation between Dover
and an informant which referenced Dover's alleged prior bad acts.  We affirm pursuant to Rule 220(b), SCACR, and the following
authorities:  State v. Pagan, 369 S.C. 201, 208, 631 S.E.2d 262,
265 (2006) (holding the admission or exclusion of evidence is within the
discretion of the trial court and will not be reversed absent an abuse of
discretion); State v. Rice, 375 S.C. 302, 315, 652 S.E.2d 409, 415 (Ct.
App. 2007) (holding an abuse of discretion occurs when the ruling is based on
an error of law or factual conclusion without evidentiary support, but the
commission of legal error is harmless if it does not result in prejudice to the
defendant).

AFFIRMED. [1]

SHORT, WILLIAMS,
and LOCKEMY, JJ., concur.

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