DeLeon 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

Fredy DeLeon, Petitioner,

v.

State of South Carolina, Respondent.

Appeal From Edgefield County

William P. Keesley, Trial Judge

R. Knox McMahon, Post-Conviction Relief
Judge

Unpublished Opinion No. 2011-UP-418

Submitted September 1, 2011 – Filed
September 9, 2011 

AFFIRMED

Tricia A. Blanchette, of Columbia, for Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John
W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant
Attorney General Daniel E. Grigg, all of Columbia, for Respondent.

PER CURIAM:  Pursuant to Davis v. State, 288 S.C. 290, 342
S.E.2d 60 (1986) and White v. State,
263 S.C. 110, 208 S.E.2d 35 (1974), by
order filed November 1, 2010, this court granted certiorari and a belated
direct appeal.

On
appeal, DeLeon asserts the trial court
erred in refusing to grant a new trial based on an allegation of juror
misconduct due to an external influence.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v.
Zeigler, 364 S.C. 94, 108, 610 S.E.2d 859, 866 (Ct. App. 2005)
("On appeal, the denial of a new trial motion will be disturbed only upon
a showing of an abuse of discretion."); id. ("A denial of a
new trial based on alleged jury
misconduct is reviewed for an abuse of
discretion."); id. ("The trial court has broad discretion in
assessing allegations of juror misconduct."); id. ("Unless the misconduct affects the jury's impartiality, it is not such
misconduct as will affect the verdict."). 

AFFIRMED.

SHORT,
WILLIAMS, and LOCKEMY, JJ., concur.

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