State v. Atchison

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.

Craig L. Atchison,       
Appellant.

Appeal From Newberry County

James W. Johnson, Jr., Circuit Court
Judge

Unpublished Opinion No. 2004-UP-325

Submitted May 2, 2004 – Filed May 14,
2004

AFFIRMED

Assistant Appellate Defender Robert M. Pachak, of S.C. Office
of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Charles H. Richardson,
all of Columbia; and Solicitor William Townes Jones, of Greenwood, for Respondent.

PER CURIAM:  Appellant,
Craig L. Atchison, was charged with and convicted of first-degree burglary,
larceny, and possession of a weapon during the commission of a violent crime. 
On appeal, Atchison asserts reversible error in the admission of evidence of
more than two previous burglary convictions to prove an element of first degree
burglary, as well as the failure of the trial judge to redact prior indictments
which were admitted to show the previous burglary convictions and included crimes
other than the burglaries.  We affirm pursuant to Rule 220(b)(2), SCACR and
the following authorities:  State v. Keenon, 356 S.C. 457, 459, 590 S.E.2d
34, 36 (2003) (although the trial court committed clear error in admitting evidence
of all six of defandant’s prior burglary/housebreaking convictions without first
weighing the prejudicial effect against the probative value, given the overwhelming
evidence of defandant’s guilt the admission of more than two prior convictions
was harmless error); State v. Kilgore, 325 S.C. 188, 192, 480 S.E.2d
736, 738 (1997) (where evidence of guilt was overwhelming without any reference
to defendant’s guilty plea to misprision of a felony, any error in admission
of guilty plea was harmless); State v. Parker, 315 S.C. 230, 235, 433
S.E.2d 831, 833 (1993) (the erroneous admission of prior bad acts evidence is
not reversible error where the evidence of guilt is overwhelming without any
reference to the evidence of the prior bad act); State v. Mitchell, 286
S.C. 572, 573, 336 S.E.2d 150, 151 (1985) (error is harmless when it could not
reasonably have affected the result of the trial).

AFFIRMED.

ANDERSON, HUFF, and KITTREDGE,
JJ., concur.