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STATE v. WEAVER

No. 3864.

361 S.C. 73 (2004)

602 S.E.2d 786

The STATE, Respondent, v. Levell WEAVER, Appellant.

Court of Appeals of South Carolina.

Decided September 7, 2004.

Attorney(s) appearing for the Case

Assistant Appellate Defender, Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General, Derrick K. McFarland, all of Columbia; and Solicitor Cecil Kelley Jackson, of Sumter, for Respondent.

CURETON, A.J.:

Levell Weaver appeals his convictions for murder and possession of a weapon during the commission of a crime of violence. Weaver contends the trial court erred in: (1) admitting evidence obtained pursuant to a procedurally defective warrant; (2) admitting hearsay testimony; and (3) declining to grant a mistrial based on inappropriate prosecutorial comment on Weaver's decision not to testify during the trial. We affirm.

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