State v. Mitchell

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.

Randy Mitchell, Appellant.

Appellate Case No. 2012-209626

Appeal From York County
Robin B. Stilwell, Circuit Court Judge

Unpublished Opinion No. 2014-UP-104
Submitted January 1, 2014 – Filed March 12, 2014

AFFIRMED

Appellate Defender Benjamin John Tripp, of Columbia,
for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Mark Reynolds Farthing, both of
Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Pagan, 369 S.C. 201, 208, 631 S.E.2d 262, 265 (2006) ("The
admission of evidence is within the discretion of the trial court and will not be
reversed absent an abuse of discretion."); id. ("An abuse of discretion occurs when
the conclusions of the trial court either lack evidentiary support or are controlled
by an error of law."); Rule 403, SCRE ("Although relevant, evidence may be
excluded if its probative value is substantially outweighed by the danger of unfair
prejudice . . . ."); State v. Lyles, 379 S.C. 328, 338, 665 S.E.2d 201, 207 (Ct. App.
2008) ("A trial [court's] decision regarding the comparative probative value and
prejudicial effect of evidence should be reversed only in exceptional
circumstances." (internal quotation marks omitted)); State v. McDowell, 266 S.C.
508, 515, 224 S.E.2d 889, 892 (1976) ("As a general rule, any guilty act, conduct,
or statements on the part of the accused are admissible as some evidence of
consciousness of guilt.").

AFFIRMED.1

SHORT, WILLIAMS, and THOMAS, JJ., concur.

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