State v. Sanders

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.

Jerry Lewis
Sanders, Appellant.

Appeal From Florence County

R. Knox McMahon, Circuit Court Judge

Unpublished Opinion No. 2009-UP-221

Submitted April 1, 2009 – Filed May 26,
2009  

AFFIRMED

Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka,
of Columbia, and Solicitor Edgar L. Clements, III, of Florence, for Respondent.

PER CURIAM: Jerry Lewis
Sanders appeals his conviction for possession of a pistol by a person convicted
of a violent crime.  On appeal, Sanders argues: (1) the trial
court erred in finding his prior assault and battery of a high and aggravated
nature with a gun was a crime of violence under section 16-23-10(3) of the South
Carolina Code; and (2) the trial court violated Rule 404(b), SCRE by allowing
the State to introduce evidence Sanders was convicted of a crime of violence.  We
affirm pursuant to Rule 220(b), SCACR, and the authority that follows. 

As
to Sanders first argument: S.C. Code Ann. § 16-23-10(3) (Supp. 2008) (defining
“assault with a dangerous weapon” as a
crime of violence).  As to Sanders second argument: State v. Turner, 373
S.C. 121, 126 n.1, 644 S.E.2d 693, 696 n.1 (2007) (finding appellant’s
argument unpreserved for appellate review where appellant failed to object at
trial).

AFFIRMED.[1]

HEARN, C.J.,
PIEPER and LOCKEMY, JJ., concur.

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