State v. Jackson

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.

Dontavious Hugo Jackson, Appellant.

Appellate Case No. 2010-180346

Appeal From Darlington County
J. Michael Baxley, Circuit Court Judge

Unpublished Opinion No. 2012-UP-476
Submitted July 2, 2012 – Filed August 1, 2012

AFFIRMED

Appellate Defender Tristan M. Shaffer and Appellate
Defender Susan B. Hackett, both of Columbia, for
Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney
General John W. McIntosh, Senior Assistant Deputy
Attorney General Salley W. Elliott, and Assistant
Attorney General Mark R. Farthing, all of Columbia; and
Solicitor William B. Rogers, Jr., of Bennettsville, for
Respondent.
PER CURIAM: Dontavious Hugo Jackson appeals his convictions of first-degree
burglary and grand larceny, arguing the trial court erred in denying his motion for a
mistrial after a member of the jury venire panel announced to the court and other
potential jurors that Jackson was a suspect in another burglary. We affirm1
pursuant to Rule 220(b), SCACR, and the following authorities: State v. Harris,
340 S.C. 59, 63, 530 S.E.2d 626, 627-28 (2000) ("The granting or refusing of a
motion for a mistrial lies within the sound discretion of the trial court and its ruling
will not be disturbed on appeal absent an abuse of discretion amounting to an error
of law."); State v. Walker, 366 S.C. 643, 658, 623 S.E.2d 122, 129 (Ct. App. 2005)
("Generally, a curative instruction is deemed to have cured any alleged error.");
Foye v. State, 335 S.C. 586, 590 n.1, 518 S.E.2d 265, 267 n.1 (1999) (explaining
jurors are presumed to have followed curative instructions and absent some
showing of prejudice appellate courts will not presume prejudice).

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.

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