State v. Byrd

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.

Joshua Nathan
Byrd, Appellant.

Appeal From Cherokee County

 Roger L. Couch, Special Circuit Court
Judge

Unpublished Opinion No.  2010-UP-415

Submitted September 1, 2010 – Filed
September 20, 2010

AFFIRMED

Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
and Assistant Attorney General William M. Blitch, Jr., all of Columbia; and
Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Joshua
Nathan Byrd appeals his conviction and sentence for assault and battery with
intent to kill, arguing the trial court erred in permitting hearsay evidence at
trial.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: Rule 801(c),
SCRE ("'Hearsay' is a statement, other than one made by the declarant
while testifying at the trial or hearing, offered in evidence to prove the
truth of the matter asserted."); Rule 802, SCRE (providing hearsay is generally
inadmissible unless it fits into one of the exceptions enumerated by the South
Carolina Rules of Evidence); Caprood v. State, 338 S.C. 103, 111, 525
S.E.2d 514, 518 (2000) ("An out of court statement is not hearsay if it is
offered for the limited purpose of explaining why a government investigation
was undertaken."); State v. Mansfield, 343 S.C. 66, 77, 538 S.E.2d
257, 263 (Ct. App. 2000) (placing admissibility of evidence within the sound
discretion of the trial court and holding "evidentiary rulings of the
trial court will not be reversed on appeal absent an abuse of discretion or the
commission of legal error which results in prejudice to the defendant"). 

AFFIRMED. 

WILLIAMS, PIEPER, and KONDUROS, JJ., concur.

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