State v. Jamison

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.

Andra Byron Jamison, Appellant.

Appeal From Lexington County

R. Knox McMahon, Circuit Court Judge

Unpublished Opinion No. 2012-UP-058

Heard November 16, 2011 – Filed February
1, 2012   

AFFIRMED

Jeremy A. Thompson, of Columbia, for
Appellant.

Attorney General Alan M. Wilson, Chief
Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General
Salley W. Elliott, Assistant Attorney General Mark R. Farthing, all of Columbia;
and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM: Andra Jamison appeals his conviction for
felony driving under the influence resulting in death.  We find the State
denied Jamison a reasonable opportunity to obtain testing of his own blood
sample, and therefore the trial court erred in admitting the results of testing
the State performed on its sample of Jamison's blood.  See S.C. Code
Ann. § 56-5-2946 (2006) ("A person who is
tested or gives samples for testing may have a qualified person of his choice
conduct additional tests at his expense . . . ."); see also State
v. Lewis, 266 S.C. 45, 48, 221 S.E.2d 524, 526 (1976) (holding a DUI
suspect who refuses to take a breathalyzer test is entitled to a reasonable
opportunity to obtain independent testing of his blood).  However, we find the
error to be harmless and affirm pursuant to Rule 220(b)(1), SCACR, and
the following authorities: State v. Sims,
387 S.C. 557, 566-67, 694 S.E.2d 9, 14-15 (2010) (finding erroneous admission
of evidence was harmless, and therefore did not warrant reversal, when guilt
was conclusively proven by other evidence such that no other rational
conclusion could be reached); State v. Wilson, 296 S.C. 73, 76, 370 S.E.2d 715, 716 (1988) (finding
erroneous admission of blood test results was not prejudicial in a DUI trial when
other evidence demonstrated defendant's intoxication). 

AFFIRMED.

FEW, C.J., and
THOMAS and KONDUROS, JJ., concur.