CourtListener 10138109•State v. Myers
Testo completo
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.
Jerome Myers,
Appellant.
Appeal From Richland County
James R. Barber, Circuit Court Judge
Unpublished Opinion No. 2005-UP-088
Heard January 12, 2005 Filed February
7, 2005
AFFIRMED
Assistant Appellate Defender Aileen P. Clare, of Columbia,
for Appellant.
Attorney General Henry D. 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 Warren Blair Giese, of Columbia, for Respondent.
PER CURIAM: Appellant, Jerome Myers,
was indicted for and convicted of kidnapping and criminal sexual conduct in
the first degree. The trial judge sentenced Myers to concurrent terms of twelve
years imprisonment on each conviction, consecutive to revocation of three years
of his probation. We affirm pursuant to Rule 220(b), SCACR and the following
authorities: State v. Wise, 359 S.C. 14, 21, 596 S.E.2d 475, 478 (2004)
(holding the admission or exclusion of evidence is a matter addressed to the
sound discretion of the trial judge and his ruling will not be disturbed absent
a manifest abuse of discretion accompanied by probable prejudice); State
v. Wilson, 345 S.C. 1, 5-6, 545
S.E.2d 827, 829 (2001) (holding in a criminal case the appellate court is bound
by the trial courts preliminary factual findings in determining the admissibility
of certain evidence unless the findings are clearly erroneous, and its review
extends only to determining whether the trial judge abused his discretion);
State v. Boiter, 302 S.C. 381, 383-84, 396 S.E.2d 364, 365 (1990) (holding
in determining admissibility of evidence of a victims prior accusation, the
trial judge should (1) determine whether such accusation was false, (2) if the
prior allegation was false, consider remoteness in time of the prior accusation
to the present accusation and, (3) consider the factual similarity between
the prior and present allegations to determine relevancy).
AFFIRMED.
HUFF, KITTREDGE, and BEATTY, JJ., concur.
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