State v. Walls

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.

Donnie Ray Walls, Appellant.

Appellate Case No. 2010-180826

Appeal From Greenville County
C. Victor Pyle, Jr., Circuit Court Judge

Unpublished Opinion No. 2012-UP-584
Submitted October 1, 2012 – Filed October 31, 2012

AFFIRMED

Appellate Defender Dayne C. Phillips, of Columbia, for
Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney
General John W. McIntosh, Senior Assistant Deputy
Attorney General Salley W. Elliott, Assistant Deputy
Attorney General David Spencer, all of Columbia; and
Solicitor W. Walter Wilkins, III, of Greenville, for
Respondent.
PER CURIAM: Donnie Walls appeals his conviction of driving under the
influence, arguing the trial judge abused his discretion by refusing to grant a
mistrial. We affirm1 pursuant to Rule 220(b), SCACR, and the following
authorities: See State v. Brown, 389 S.C. 84, 95, 697 S.E.2d 622, 628 (Ct. App.
2010) ("If a trial court issues a curative instruction, a party must make a
contemporaneous objection to the sufficiency of the curative instruction to
preserve an alleged error for review.") State v. George, 323 S.C. 496, 510, 476
S.E.2d 903, 912 (1996) ("No issue is preserved for appellate review if the objecting
party accepts the judge's ruling and does not contemporaneously make an
additional objection to the sufficiency of the curative charge or move for a
mistrial.").

AFFIRMED.

FEW, C.J., and WILLIAMS and PIEPER, JJ., concur.

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