UP-343 - State v. Bailey

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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. Sharen Bailey, Appellant. Appellate Case No. 2012-212618 Appeal From Sumter County Howard P. King, Circuit Court Judge George C. James, Jr., Circuit Court Judge Unpublished Opinion No. 2013-UP-343 Submitted July 1, 2013 Filed September 4, 2013 AFFIRMED Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Ezell, 321 S.C. 421, 425, 468 S.E.2d 679, 681 (Ct. App. 1996) ("A [jury] charge is sufficient if, when considered as a whole, it covers the law applicable to the case."); id. ("The judge properly instructs the jury if he adequately states the applicable law."); State v. Jackson, 301 S.C. 49, 50, 389 S.E.2d 654, 655 (1990) ("When a defendant is tried in absentia, the trial court should instruct the jury that the defendant's failure to appear may not be construed as an admission of guilt."). AFFIRMED.1 SHORT, THOMAS, and PIEPER, JJ., concur. 1 We decide this case without oral argument pursuant to Rule 215, SCACR.

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