State v. Moody

CourtListener 10137488ScctappMar 29, 2004

Full text

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.

Gary J. Moody,       
Appellant.

Appeal From Horry County

J. Michael Baxley, Circuit Court Judge

Unpublished Opinion No. 2004-UP-213

Submitted January 29, 2004 – Filed
March 29, 2004

AFFIRMED

Assistant Appellate Defender Robert M. Pachak, of Columbia,
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
and Assistant Attorney General David Spencer, all of Columbia; and Solicitor
John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Gary J. Moody appeals from
his conviction and sentence for second-degree criminal sexual conduct with a
minor.  He contends the trial court erred in refusing to hold a pre-trial hearing
to determine if interview tactics and adult influences could have tainted the
child victim’s testimony.  We find Moody’s argument is so conclusory that it
has been abandoned.  We therefore decline to address the merits of the issue. 
State v. Jones, 344 S.C. 48, 58, 543 S.E.2d 541, 546 (2001).

AFFIRMED. [1]

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.

[1] Because oral argument would not aid the court
in resolving the issue raised by Moody, we decide this case without oral argument
pursuant to Rule 215, SCACR.

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