State v. Brown

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.

Kevin L. Brown, Appellant.

Appeal From Beaufort County
Roger M. Young, Circuit Court Judge

Unpublished Opinion No. 2008-UP-501
Submitted September 2, 2008 Filed September 5, 2008

AFFIRMED

Appellate Defender Robert M. Pachak, South Carolina Commission on 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 Deborah Shupe, all of Columbia; and Solicitor David M. Pascoe, Jr.,  of Summerville, for Respondent.

PER CURIAM:  Kevin L. Brown appeals his conviction for possession with intent to distribute crack cocaine.  Brown contends the court erred in allowing the State to amend his indictment because the amendment changed the nature of the charge against him.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authority: State v. Gentry, 363 S.C. 93, 102-03, 610 S.E.2d 494, 500 (2005) (holding the indictment is a notice document which is sufficient if (1) it states the offense charged with sufficient certainty and particularity to enable the court to know what judgment to pronounce, and for the defendant to know what he is called upon to answer, and (2) it apprises the defendant of the elements of the offense intended to be charged).

AFFIRMED.

HEARN, C.J., HUFF and GEATHERS, JJ., concur.

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