State v. Earnest E. Vaughn, Sr.

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.

Earnest Edward Vaughn, Sr., Appellant.

Appellate Case No. 2016-002300

Appeal From Greenwood County Donald B. Hocker, Circuit Court Judge

Unpublished Opinion No. 2018-UP-409 Submitted September 1, 2018 – Filed November 7, 2018

AFFIRMED

Appellate Defender Taylor Davis Gilliam, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Jonathan Scott Matthews, both of Columbia; and Solicitor David Matthew Stumbo, of Greenwood, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Dial, 405 S.C. 247, 257, 746 S.E.2d 495, 500 (Ct. App. 2013) ("The decision to grant or deny a mistrial is within the sound discretion of the trial

court." (quoting State v. Wiley, 387 S.C. 409, 495, 692 S.E.2d 560, 563 (Ct. App. 2010))); id. ("The trial court's decision will not be overturned on appeal absent an abuse of discretion amounting to an error of law." (quoting Wiley, 387 S.C. at 495, 692 S.E.2d at 563)); State v. Thompson, 352 S.C. 552, 561, 575 S.E.2d 77, 82 (Ct. App. 2003) ("[A] vague reference to a defendant's prior criminal record is not sufficient to justify a mistrial where there is no attempt by the State to introduce evidence that the accused has been convicted of other crimes."); State v. George, 323 S.C. 496, 510, 476 S.E.2d 903, 911-12 (1996) ("If the trial [court] sustains a timely objection to testimony and gives the jury a curative instruction to disregard the testimony, the error is deemed to be cured.").

AFFIRMED.1

LOCKEMY, C.J., and THOMAS and GEATHERS, JJ., concur.

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