State v. Gregory

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Wayne Drummond Gregory,       
Appellant.

Appeal From
Lexington County

H. Dean
Hall, Circuit Court Judge

Unpublished
Opinion No. 2003-UP-080 

Heard January 16, 2003 B Filed January 28, 2003

AFFIRMED

Deputy Chief Attorney Joseph L. Savitz, III, of the
South Carolina Office of Appellate Defense, 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 Donald V. Myers, of Lexington; for Respondent.

PER CURIAM:  Affirmed pursuant to Rule 220(b)(2),
SCACR, and the following authorities:  State v. McHoney, 344 S.C. 85,
99, 544 S.E.2d 30, 37 (2001) (stating Aa contemporaneous objection is required
to preserve issues for direct appellate review@); State v. Lynn, 277
S.C. 222, 226, 284 S.E.2d 786, 789 (1981) (holding the failure to contemporaneously
object to a matter advanced as prejudicial Acannot be later bootstrapped by
a motion for a mistrial@); see also Brecht v. Abrahamson, 507
U.S. 619, 628 (1993) (A[T]he Constitution does not prohibit the use for impeachment
purposes of a defendant=s silence prior to arrest, or after arrest if no Miranda
warnings are given.@) (citations omitted); State v. Bell, 347 S.C.
267, 271, 554 S.E.2d 435, 437 (Ct. App. 2001) (finding no error or constitutional
violation in the State=s cross-examination of the defendant regarding her
post-arrest silence where there was no evidence that she had received any
Miranda warnings).

AFFIRMED.

GOOLSBY, HUFF, and SHULER, JJ., concur.