State v. Brown

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.

Kevin L. Brown, Appellant.

Appeal From Beaufort County

Roger M. Young, Circuit Court Judge

Unpublished Opinion No. 2008-UP-501

Submitted September 2, 2008 – Filed
September 5, 2008

AFFIRMED

Appellate Defender Robert M. Pachak, South Carolina Commission on
Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant
Attorney General Deborah Shupe, all of Columbia; and Solicitor David M. Pascoe,
Jr.,  of Summerville, for Respondent.

PER CURIAM:  Kevin L. Brown appeals his
conviction for possession with intent to distribute crack cocaine.  Brown
contends the court erred in allowing the State to amend his indictment because
the amendment changed the nature of the charge against him.  We affirm[1] pursuant to Rule 220(b), SCACR, and
the following authority: State v. Gentry, 363 S.C. 93, 102-03, 610 S.E.2d 494, 500 (2005) (holding the indictment
is a notice document which is sufficient if (1) it states the offense charged
with sufficient certainty and particularity to enable the court to know what
judgment to pronounce, and for the defendant to know what he is called upon to
answer, and (2) it apprises the defendant of the elements of the offense
intended to be charged).

AFFIRMED.

HEARN, C.J., HUFF and GEATHERS, JJ., concur.

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