State v. Rhoad

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.

David Rhoad, Appellant.

Appellate Case No. 2011-202989

Appeal From Aiken County
George C. James, Jr., Circuit Court Judge

Unpublished Opinion No. 2013-UP-242
Heard May 8, 2013 – Filed June 12, 2013

AFFIRMED

Appellate Defender LaNelle Cantey DuRant, of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General William M. Blitch, Jr., of Columbia,
for Respondent.

PER CURIAM: David Rhoad appeals his conviction for criminal domestic
violence, arguing the circuit court erred in denying his motion for a mistrial after
the State made an inflammatory comment to the jury during closing arguments.
We affirm pursuant to Rule 220(b), SCACR, and the following authorities: In re
McCracken, 346 S.C. 87, 93, 551 S.E.2d 235, 238-39 (2001) (finding issue of
improper comments during closing arguments was not preserved for review absent
a contemporaneous objection); State v. Lynn, 277 S.C. 222, 226, 284 S.E.2d 786,
789 (1981) (stating the failure to contemporaneously object to comments advanced
as prejudicial cannot later be bootstrapped to a motion for a mistrial); State v.
Passmore, 363 S.C. 568, 583, 611 S.E.2d 273, 281 (Ct. App. 2005) (instructing
that the general rule of issue preservation requires an issue to be raised and ruled
upon below to be considered on appeal); State v. Walker, 366 S.C. 643, 660, 623
S.E.2d 122, 131 (Ct. App. 2005) (holding defendant's failure to contemporaneously
object to comments by co-defendant's counsel during closing argument precluded
appellate review); State v. Varvil, 338 S.C. 335, 339, 526 S.E.2d 248, 251 (Ct.
App. 2000) (holding failure to object to solicitor's interjection of her personal
beliefs during closing argument prevented issue from being raised on appeal).

AFFIRMED.

HUFF, WILLIAMS, and KONDUROS, JJ., concur.