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The State, Respondent, v. Donta

WILLIAMS

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.
Appeal From Darlington County
J. Michael Baxley, Circuit Court Judge
AFFIRMED

Appellate Defender Tristan M. Shaffer and Appellate


Defender Susan B. Hackett, both of Columbia, for


Appellant.


Attorney General Alan Wilson, Chief Deputy Attorney


General John W. McIntosh, Senior Assistant Deputy


Attorney General Salley W. Elliott, and Assistant


Attorney General Mark R. Farthing, all of Columbia; and


Solicitor William B. Rogers, Jr., of Bennettsville, for


Respondent.
PER CURIAM: Dontavious Hugo Jackson appeals his convictions of first-degree burglary and grand larceny, arguing the trial court erred in denying his motion for a mistrial after a member of the jury venire panel announced to the court and other potential jurors that Jackson was a suspect in another burglary. We affirmpursuant to Rule 220(b), 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. Walker, 366 S.C. 643, 658, 623 S.E.2d 122, 129 (Ct. App. 2005) ("Generally, a curative instruction is deemed to have cured any alleged error."); Foye v. State, 335 S.C. 586, 590 n.1, 518 S.E.2d 265, 267 n.1 (1999) (explaining jurors are presumed to have followed curative instructions and absent some showing of prejudice appellate courts will not presume prejudice).

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

AFFIRMED.

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

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State v. Jackson
(Aug 1, 2012)