State v. Johnson

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.

Nathaniel
Johnson, Jr., Appellant.

Appeal From Beaufort County

Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2008-UP- 690

Submitted December 1, 2008 – Filed
December 11, 2008

AFFIRMED

Appellate Defender Lanelle C. Durant, 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 Julie M. Thames, all of Columbia; and I. McDuffie Stone III,
of Beaufort, for Respondent.

PER CURIAM: Nathaniel
Johnson, Jr. appeals his convictions for kidnapping and first-degree criminal
sexual conduct, alleging the trial court erred in denying his motion for a
mistrial.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following
authority: State v. Walker, 366 S.C. 643, 658-59, 623 S.E.2d 122, 130 (Ct. App.
2005) (stating a trial court’s instruction to disregard incompetent evidence or
improper testimony is deemed to have cured any alleged error; therefore, to preserve
the issue for review, a party must contemporaneously object to the curative
instruction as insufficient or move for a mistrial).

AFFIRMED.[1]

WILLIAMS,
PIEPER, and GEATHERS, JJ., concur.

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