State v. James

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Calvin
Dejeniero James, Appellant.

Appeal From Richland County

 James W. Johnson, Jr., Circuit Court
Judge

Unpublished Opinion No. 2008-UP-698

Submitted December 1, 2008 – Filed
December 15, 2008   

AFFIRMED

Chief Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant
Attorney General Deborah R. J. Shupe, and Solicitor Warren B. Giese, all of Columbia,
for Respondent.

PER CURIAM:  Calvin Dejeniero James
appeals his conviction of first degree burglary and thirty-year sentence. 
James argues the trial court erred by admitting evidence of a prior burglary in
violation of Rules 403 and 404, SCRE.  We find any error harmless beyond a
reasonable doubt in light of the overwhelming evidence of James’s guilt,
namely:  (1) pawn shop receipts indicating James personally pawned items from
the burglary for which he was being tried; (2) James having been in possession
of additional items from the burglary when he was arrested; and (3)
fingerprints from James that were found at the scene.  See State v. Cabrera-Pena, 361 S.C. 372, 380, 605 S.E.2d 522, 526 (2004)
(holding an error is harmless beyond a reasonable doubt when overwhelming
evidence of guilt exists).

AFFIRMED.[1]

ANDERSON,
HUFF, and THOMAS, JJ., concur.

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