Opinion
Appellate Case No. 2013-000468 Unpublished Opinion No. 2015-UP-228
05-06-2015
The State, Respondent, v. John Edward Haynes, Appellant.
Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.
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 Calhoun County
Diane Schafer Goodstein, Circuit Court Judge
AFFIRMED
Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Cope, 405 S.C. 317, 343, 748 S.E.2d 194, 208 (2013) ("Generally, the admission of expert testimony is a matter within the sound discretion of the trial court." (internal quotation marks omitted)); id. at 343-44, 748 S.E.2d at 208 ("Thus, we will not reverse the trial court's decision to admit or exclude expert testimony absent a prejudicial abuse of discretion."); State v. Burton, 302 S.C. 494, 499, 397 S.E.2d 90, 92 (1990) (recognizing an expert may give an opinion based on a hypothetical question, but the hypothetical question "should be based upon facts supported by the record"); State v. Vaughn, 268 S.C. 119, 125, 232 S.E.2d 328, 330 (1977) ("[V]oluntary intoxication, where it has not produced permanent insanity, is never an excuse for or a defense to crime, regardless of whether the intent involved be general or specific."); State v. Santiago, 370 S.C. 153, 162, 634 S.E.2d 23, 28 (Ct. App. 2006) ("[T]he diminished capacity defense is not recognized in South Carolina."). AFFIRMED. THOMAS, KONDUROS, and GEATHERS, JJ., concur.
We decide this case without oral argument pursuant to Rule 215, SCACR.