State v. Johnson

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.

James Allen Johnson, Appellant.

Appellate Case No. 2013-001314

Appeal From Greenville County
G. Edward Welmaker, Circuit Court Judge

Unpublished Opinion No. 2015-UP-378
Heard June 9, 2015 – Filed July 29, 2015

AFFIRMED

Appellate Defender David Alexander, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson, Assistant
Attorney General Mary Williams Leddon, and Staff
Attorney Susannah Rawl Cole, all of Columbia, and
Solicitor William Walter Wilkins, III, of Greenville, for
Respondent.
PER CURIAM: James Johnson appeals his conviction for homicide by child
abuse, arguing the trial court erred in admitting his incriminating statement made
to officers at the law enforcement center because it was the result of a two-phase
interrogation in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and
Missouri v. Seibert, 542 U.S. 600 (2004). We affirm pursuant to Rule 220(b),
SCACR, and the following authorities: State v. Pagan, 369 S.C. 201, 208, 631
S.E.2d 262, 265 (2006) ("The admission of evidence is within the discretion of the
trial court and will not be reversed absent an abuse of discretion."); id. ("An abuse
of discretion occurs when the conclusions of the trial court either lack evidentiary
support or are controlled by an error of law."); State v. Freiburger, 366 S.C. 125,
134, 620 S.E.2d 737, 741 (2005) (holding an issue is not preserved for appeal
where one ground is raised below and another ground is raised on appeal).

AFFIRMED.

SHORT, LOCKEMY, and MCDONALD, JJ., concur.