Lingard v. State

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

Damian Lingard, Petitioner,

v.

State of South Carolina, Respondent.

Appellate Case No. 2010-162426

Appeal From Charleston County
Roger M. Young, Circuit Court Judge

Unpublished Opinion No. 2013-UP-305
Submitted June 1, 2013 – Filed July 3, 2013

AFFIRMED

Appellate Defender Elizabeth Anne Franklin-Best, of
Columbia, for Petitioner.

Attorney General Alan McCrory Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior Assistant
Deputy Attorney General Salley W. Elliott, and Assistant
Attorney General Matthew J. Friedman, all of Columbia,
for Respondent.
PER CURIAM: Petitioner seeks a writ of certiorari from the denial of his
application for post-conviction relief (PCR). Because there is sufficient evidence
to support the PCR judge's finding Petitioner did not knowingly and intelligently
waive his right to a direct appeal, we grant certiorari and proceed with a review of
the direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60
(1986).

Petitioner appeals his convictions of kidnapping and armed robbery, arguing the
trial court erred in admitting evidence of the two guns found inside Petitioner's
home. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:
State v. Funderburk, 367 S.C. 236, 239, 625 S.E.2d 248, 249 (Ct. App. 2006)
("The admission of evidence is within the discretion of the trial court and will not
be reversed absent an abuse of discretion." (citation and internal quotation marks
omitted)); State v. Aleksey, 343 S.C. 20, 35, 538 S.E.2d 248, 256 (2000) ("The trial
[court] is given broad discretion in ruling on questions concerning the relevancy of
evidence, and [its] decision will be reversed only if there is a clear abuse of
discretion."); Rule 401, SCRE ("'Relevant evidence' means evidence having any
tendency to make the existence of any fact that is of consequence to the
determination of the action more probable or less probable than it would be
without the evidence."); Rule 402, SCRE ("All relevant evidence is admissible,
except as otherwise provided by the Constitution of the United States, the
Constitution of the State of South Carolina, statutes, these rules, or by other rules
promulgated by the Supreme Court of South Carolina. Evidence which is not
relevant is not admissible.").

AFFIRMED.1

SHORT, THOMAS, and PIEPER, JJ., concur.

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