In the Matter of the Care and Treatment of Johnny Ray Garrett

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

In the Matter of the Care and Treatment of Johnny Ray
Garrett, Appellant.

Appellate Case No. 2014-002414

Appeal From Spartanburg County
Frank R. Addy, Jr., Circuit Court Judge

Unpublished Opinion No. 2016-UP-386
Submitted May 1, 2016 – Filed July 27, 2016

AFFIRMED

Tommy Arthur Thomas, of Irmo, for Appellant.

Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General Deborah R.J. Shupe,
both of Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Bantan, 387 S.C. 412, 417, 692 S.E.2d 201, 203 (Ct. App.
2010) ("The decision to grant or deny a mistrial is within the sound discretion of
the trial court and will not be overturned on appeal absent an abuse of discretion
amounting to an error of law. The granting of a motion for mistrial is an extreme
measure that should be taken only when the incident is so grievous the prejudicial
effect can be removed in no other way. A mistrial should be granted only when
absolutely necessary and a defendant must show both error and resulting prejudice
to be entitled to a mistrial." (citations omitted)); State v. Goodwin, 384 S.C. 588,
605, 683 S.E.2d 500, 509 (Ct. App. 2009) ("The relevant question is whether the
solicitor's comments so infected the trial with unfairness as to make the resulting
conviction a denial of due process." (quoting State v. Patterson, 324 S.C. 5, 17,
482 S.E.2d 760, 766 (1997))).

AFFIRMED.1

HUFF, KONDUROS, and GEATHERS, JJ., concur.

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