State v. Battle

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Korell Battle Appellant.

Appeal From Lexington County

R. Knox McMahon, Circuit Court Judge

Unpublished Opinion No.  2009-UP-224

Submitted May 1, 2009 – Filed May 27, 2009

AFFIRMED

Appellate
Defender Eleanor Duffy Cleary, 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 Donald V. Myers, of Lexington,
for Respondent.

PER
CURIAM:  Korell Battle appeals his
convictions for armed robbery and possession of a firearm during the commission
of a violent crime.  Battle argues the trial court erred in allowing in evidence
that he did not tell police the name of the person who robbed the Kentucky
Fried Chicken.  We affirm pursuant to Rule 220(b),
SCACR, and the following authorities:  State v. Jackson, 364 S.C.
329, 335, 613 S.E.2d 374, 377 (2005) (holding an issue conceded at trial cannot
be argued on appeal); State v. Johnson, 298 S.C. 496, 497-98, 381 S.E.2d
732, 733 (1989) (holding express consent to the admission of evidence
constitutes a waiver of the issue on appeal).

AFFIRMED.[1]

HEARN,
C.J., THOMAS and KONDUROS, JJ., concur.

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