State v. Kelly

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.

Brian Keith
Kelly, Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2012-UP-248

Submitted April 2, 2012 – Filed April 25,
2012   

AFFIRMED

David B. Sample, of Fort Mill, for
Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, and Assistant Attorney General William M. Blitch, Jr., all of
Columbia; and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  Brian Keith Kelly appeals his conviction of obtaining signature or
property under false pretenses, arguing the trial court erred in admitting
evidence of prior bad acts.  We
affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Anderson, 386 S.C. 120, 126, 687 S.E.2d 35, 38 (2009) ("The admission of
evidence is within the discretion of the trial court and will not be reversed
absent an abuse of discretion.  An abuse of discretion occurs when the
conclusions of the trial court either lack evidentiary support or are
controlled by an error of law." (citation and internal quotation marks
omitted)).

AFFIRMED.

WILLIAMS, THOMAS, and
LOCKEMY, JJ., concur.

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