State v. Mitchell

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.

Darrell
Nathaniel Mitchell, Appellant.

Appeal From Florence County

 J. Ernest Kinard, Jr., Circuit Court
Judge

Unpublished Opinion No.  2011-UP-101

Submitted March 1, 2011 – Filed March 14,
2011 

AFFIRMED

Chief Appellate Defender Robert M. Dudek, of Columbia, for
Appellant.

Attorney General Alan M. Wilson, Chief Deputy Attorney General
John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant
Attorney General Brendan J. McDonald, all of Columbia; and Solicitor Edgar L.
Clements, III, for Respondent.

PER CURIAM:  Darrell
Nathanial Mitchell appeals his murder conviction and corresponding thirty-year
sentence, arguing the trial court erred in refusing to issue a mere presence
jury charge without also charging hand of one, hand of all.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following
authority:  State v. Bryant, 372 S.C. 305, 315-16, 642 S.E.2d 582, 588
(2007) (stating an issue conceded at trial cannot be argued on appeal).

AFFIRMED.

WILLIAMS,
GEATHERS, and LOCKEMY, JJ., concur.

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