State v. Simmons

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.

Brandon Jerome Simmons, Appellant.

Appellate Case No. 2011-182046

Appeal From Charleston County
Deadra L. Jefferson, Circuit Court Judge

Unpublished Opinion No. 2013-UP-211
Submitted March 1, 2013 – Filed May 22, 2013

AFFIRMED

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

Attorney General Alan McCrory Wilson and Assistant
Attorney General Jennifer Ellis Roberts, both of
Columbia; and Solicitor Scarlett Anne Wilson, of
Charleston, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Bantan, 387 S.C. 412, 417, 692 S.E.2d 201, 203 (Ct. App.
2010) ("The decision to grant or deny a mistrial is within the sound discretion of
the trial court and will not be overturned on appeal absent an abuse of discretion
amounting to an error of law."); State v. Pagan, 369 S.C. 201, 212, 631 S.E.2d
262, 267 (2006) ("Error is harmless beyond a reasonable doubt where it did not
contribute to the verdict obtained."); State v. Green, 397 S.C. 268, 288, 724 S.E.2d
664, 674 (2012) (stating that an error is harmless when competent evidence
conclusively proves guilt such that no other rational conclusion is possible); State
v. Richardson, 358 S.C. 586, 596-97, 595 S.E.2d 858, 863 (Ct. App. 2004) (finding
erroneous admission of improper testimony harmless when the testimony was
cumulative to other testimony admitted without objection).

AFFIRMED.1

HUFF, WILLIAMS, and KONDUROS, JJ., concur.

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