State v. Costa

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.

Preston Costa, Appellant.

Appeal From Beaufort County

 John C. Few, Circuit Court Judge

Unpublished Opinion No.  2009-UP-158

Submitted March 2, 2009 – Filed March 31,
2009

AFFIRMED

Deputy Chief Defender for Capital Appeals Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior
Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor
Issac McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Preston Costa appeals his conviction for armed robbery.  Costa alleges the
trial court erred in excluding testimony from two witnesses corroborating
Costa’s alibi defense.  We
affirm pursuant to Rule 220(b), SCACR, and the following authority:  State v. Homewood, 241 S.C. 231, 242, 128 S.E.2d 98, 102-03 (1962) (holding the admissibility
of testimony is largely within the discretion of the trial judge and his
exercise thereof will not be disturbed on appeal unless there is an abuse of
discretion).

AFFIRMED.[1]

HEARN, C.J., PIEPER and LOCKEMY, concur.

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