State v. Turner

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Kenneth M. Turner,       
Appellant.

Appeal From Spartanburg County

J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2004-UP-041

Submitted November 19, 2003 – Filed
January 21, 2004

AFFIRMED

Chief Appellate Defender Daniel T. Stacey, of Columbia,
for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and
Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Kenneth M. Turner appeals his
convictions for common law robbery and assault and battery of a high and aggravated
nature arguing the trial court should have suppressed the victim’s in-court
identification of him.  We affirm [1] pursuant to Rule 220(b)(2), SCACR,
and the following authorities:  State v. Hughes, 336 S.C. 585, 591, 521
S.E.2d 500, 503 (1999) (holding an in limine ruling is not final and does not
preserve an issue for appeal); see also State v. Wannamaker, 346
S.C. 495, 499, 552 S.E.2d 284, 286 (2001) (holding issue of whether court erred
in failing to suppress defendant’s custodial statement was not preserved despite
the court’s denial of suppression motion where defendant failed to make contemporaneous
objection when the statement was read into evidence).

AFFIRMED.

HUFF, STILWELL, and BEATTY, JJ., concur.

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