State v. Bussey

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.

Todd Maurice
Bussey, Appellant.

Appeal From Lexington County

R. Knox McMahon, Circuit Court Judge

Unpublished Opinion No.  2011-UP-139 

Heard March 8, 2011 – Filed April 5, 2011

AFFIRMED

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

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., Office of the
Attorney General, all of Columbia; Solicitor Donald V. Myers, of Lexington, for
Respondent.

PER CURIAM:  Todd Bussey appeals his conviction for
armed robbery arguing the trial court erred in (1) admitting a gun retrieved
from his apartment into evidence, (2) admitting a photo lineup into evidence,
and (3) denying his motion for a mistrial after he objected to statements the
State made during closing argument.  Bussey abandoned the first two issues
during oral argument.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following
authority: 

As to whether the court erred
in denying Bussey's motion for a mistrial: State v. Stanley, 365 S.C.
24, 34, 615 S.E.2d 455, 460 (Ct. App. 2005) ("A mistrial should only be
granted when 'absolutely necessary,' and a defendant must show both error and
resulting prejudice in order to be entitled to a mistrial." (citations
omitted)); State v. Wasson, 299 S.C. 508, 510, 386 S.E.2d 255,
256 (1989) (holding that the grant or refusal of a motion for a mistrial
lies "within the sound discretion of the trial court whose ruling will not
be disturbed" absent an abuse of discretion amounting to an error of law).

AFFIRMED.

FEW, CJ., THOMAS, and KONDUROS, JJ., concur.