State v. Myers

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.

Michelle Gray Myers, Appellant.

Appeal From Lexington County

Thomas Anthony Russo, Circuit Court Judge

Unpublished Opinion No. 2010-UP-384

Submitted June 1, 2010 – Filed August 16,
2010   

AFFIRMED

Appellate Defender Elizabeth Franklin-Best, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior
Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and
Solicitor Donald V. Myers, of Lexington, for Respondent.

PER
CURIAM:  Michelle Gray Myers appeals her conviction for
malicious injury to personal property and corresponding sentence, arguing the
trial court erred in admitting a voicemail recording into evidence.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following
authorities:  State v. Pagan, 369 S.C. 201, 208, 631 S.E.2d 262, 265
(2006) (holding the admissibility of evidence is within the sound discretion of
the trial court and will not be disturbed on appeal absent an abuse of
discretion, and an abuse of discretion occurs when the trial court's
admissibility determination either lacks evidentiary support or is controlled
by an error of law); State v. Oglesby, 384 S.C. 289, 293, 681 S.E.2d
620, 622 (Ct. App. 2009) (finding an error in the admission of evidence is
harmless if the evidence is merely cumulative).

AFFIRMED.

KONDUROS,
GEATHERS, and LOCKEMY, JJ., concur.

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