State v. Singletary

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.

Robert Singletary, Appellant.

Appellate Case No. 2010-166266

Appeal From Florence County
D. Craig Brown, Circuit Court Judge

Unpublished Opinion No. 2012-UP-589
Submitted October 1, 2012 – Filed October 31, 2012

AFFIRMED

Appellate Defender Breen Richard Stevens, of Columbia,
for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney
General John W. McIntosh, Senior Assistant Deputy
Attorney General Salley W. Elliott, Assistant Deputy
Attorney General David A. Spencer, all of Columbia; and
Solicitor Edgar Lewis Clements, III, of Florence, for
Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Patterson, 337 S.C. 215, 226, 522 S.E.2d 845, 851 (Ct. App.
1999) ("The decision to grant or deny a motion for a mistrial is within the sound
discretion of the trial [court] and will not be overturned on appeal absent an abuse
in discretion amounting to an error of law."); State v. Kelsey, 331 S.C. 50, 70, 502
S.E.2d 63, 73 (1998) ("The granting of a motion for a mistrial is an extreme
measure which should be taken only where an incident is so grievous that
prejudicial effect can be removed in no other way."); State v. White, 371 S.C. 439,
444, 639 S.E.2d 160, 163 (Ct. App. 2006) ("A curative instruction to disregard
incompetent evidence and not to consider it during deliberation is deemed to have
cured any alleged error in its admission." (quoting State v. Walker, 366 S.C. 643,
658, 623 S.E.2d 122, 130 (Ct. App. 2005))).

AFFIRMED.1

HUFF, THOMAS, and GEATHERS, JJ., concur.

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