State v. McFadden

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.

Michael Phillip
McFadden, Appellant.

Appeal From Florence County

Ralph King Anderson, Jr., Circuit Court
Judge

Unpublished Opinion No. 2011-UP-245  

Submitted May 1, 2011 – Filed May 24, 2011

AFFIRMED

Appellate Defender Kathrine Hudgins, of
Columbia, for Appellant.

Attorney General Alan M. Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, and Senior Assistant Attorney General Harold M. Coombs, all of
Columbia; and Solicitor Edgar L. Clements, III, of Florence, for Respondent.

PER CURIAM:  Michael
Phillip McFadden appeals his convictions for possession of cocaine, possession
of cocaine base with intent to distribute, and possession of a sawed-off
shotgun, arguing the trial court erred in admitting testimony concerning a
statement made by him because he was not given notice of the statement under
Rule 5, SCRCrimP, until the day before trial.  We affirm[1] pursuant to rule 220(b)(1), SCACR, and the following authorities:  State v.
Kerr, 330 S.C. 132, 150, 498 S.E.2d 212, 221 (Ct. App. 1998) (holding
a trial court's decision of whether to impose sanctions under Rule 5, SCRCrimP,
"will not be disturbed absent an abuse of discretion"); State v.
Davis, 309 S.C. 56, 63, 419 S.E.2d 820, 824-25 (Ct. App. 1992) (holding the
trial court did not abuse its discretion in denying a defendant's motion to
suppress statements when Rule 5, SCRCrimP, may have been violated and when
defendant was given an opportunity to view and copy the State's file on the
statement and the defendant did not request a continuance).

AFFIRMED.

SHORT, KONDUROS, and
GEATHERS, JJ., concur.

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