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STATE v. MOYD

No. 2471.

468 S.E.2d 7 (1996)

The STATE, Respondent, v. John Ervin MOYD, Appellant.

Court of Appeals of South Carolina.

Decided March 4, 1996.

Attorney(s) appearing for the Case

Senior Assistant Appellate Defender Wanda H. Haile, of SC Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Deputy Attorney General G. Robert Deloach, III, all of Columbia; and Solicitor Dudley Saleeby, Jr., of Florence, for respondent.

SHAW, Judge:

John Ervin Moyd was convicted of driving under suspension (DUS) and driving while under a declaration that he is an habitual traffic offender (HTO). He appeals, claiming the prosecution of both charges violates the Double Jeopardy Clause, and that the trial court should have declared a mistrial due to highly prejudicial testimony by the arresting officer. We affirm.

Moyd was arrested on November 28, 1993, by Trooper James B. Simmons after Simmons...

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