State v. Shell

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.

Chrystopher
Ingram Shell, Appellant.

Appeal From Richland County

Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2011-UP-538  

Submitted November 1, 2011 – Filed
December 5, 2011

AFFIRMED

Appellate Defender Robert M. Pachak and Mark
Anthony Sawyer, Jr., both of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, Assistant Attorney General Mark Farthing, and Solicitor Daniel E.
Johnson, all of Columbia, for Respondent.

PER CURIAM:  Chrystopher Ingram Shell was convicted
of distribution of cocaine and sentenced to fifteen years' imprisonment.  Shell
appeals, arguing the trial court erred in denying his motion for a mistrial. 
We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v.
Harris, 340 S.C. 59, 63, 530 S.E.2d 626, 627-28 (2000) ("The granting
or refusing of a motion for a mistrial lies within the sound discretion of the
trial court and its ruling will not be disturbed on appeal absent an abuse of
discretion amounting to an error of law."); State v. Council, 335
S.C. 1, 13, 515 S.E.2d 508, 514 (1999) (stating vague references to a
defendant's past conduct are not prejudicial and therefore do not warrant a
mistrial).

AFFIRMED.

HUFF, PIEPER,
and LOCKEMY, JJ., concur.

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