State v. Battle

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Elijah Battle,
Jr., Appellant.

Appeal From Aiken County

 Thomas A. Russo, Circuit Court Judge

Unpublished Opinion No.  2008-UP-286

Submitted June 1, 2008 – Filed June 4,
2008 

AFFIRMED

Appellate Defender Lanelle C. Durant, South Carolina Commission of
Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant
Attorney General Julie M. Thames, Office of the Attorney General, all of
Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Elijah Battle appeals his conviction for armed
robbery and possession of a firearm during the commission of a violent crime. 
We affirm pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State
v. Mansfield, 343 S.C. 66, 77, 538 S.E.2d 257, 263 (Ct. App. 2000) (a trial
court’s ruling on admissibility of evidence will not be reversed on appeal
absent an abuse of discretion or the commission of legal error which results in
prejudice to the defendant); State v. Schumpert, 312 S.C. 502, 507, 435
S.E.2d 859, 862 (1993) (stating that any error in admission of evidence
cumulative to other unobjected-to evidence is harmless); State v. Johnson,
298 S.C. 496, 499, 381 S.E.2d 732, 733 (1989) ("The admission of improper
evidence is harmless where it is merely cumulative to other evidence."). 

AFFIRMED.[1]

HEARN,
C.J., and SHORT, J., and KONDUROS, J., concur.

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