State v. Rathburn

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.,

Bobby Shey Rathburn, Appellant.

Appeal from Richland County

John C. Few, Circuit Court Judge

Unpublished Opinion No. 2009-UP-386

Submitted June 1, 2009 – Filed July 8,
2009   

AFFIRMED

Deputy Chief Appellate Defender Wanda H. Carter, 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 Christina J. Catoe, and Solicitor Warren Blair Giese, all of
Columbia, for Respondent.

PER CURIAM: 
Bobby Shey Rathburn appeals
his convictions for criminal sexual
conduct in the second degree, kidnapping, and criminal domestic violence.  He
argues the trial court erred by admitting evidence of a prior conviction.  We affirm pursuant to Rule 220(b), SCACR, and the following
authorities: Rule 404(b), SCRE (providing evidence of other crimes, wrongs, or
acts is not admissible to prove the character of a person in order to show
action in conformity therewith; however, such evidence may be admissible
"to show motive, identity, the existence of a common scheme or
plan, the absence of mistake or accident, or intent") (emphasis
added); State v.
Saltz, 346 S.C. 114, 121, 551 S.E.2d 240, 244 (2001) ("The
admission or exclusion of evidence is left to the sound discretion of the trial
judge, whose decision will not be reversed on appeal absent an abuse of
discretion."); State v. Beck, 342 S.C. 129, 135, 536 S.E.2d 679,
682-83 (2000) (holding the evidence of other crimes "must logically relate
to the crime with which the defendant has been charged"). 

AFFIRMED.[1]

HEARN, C.J., and THOMAS and KONDUROS, JJ., concur.

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