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STATE v. HUBNER

No. 3917.

362 S.C. 572 (2005)

608 S.E.2d 463

The STATE, Respondent, v. John Gleason HUBNER, Appellant.

Court of Appeals of South Carolina.

Decided January 10, 2005.

Rehearing Denied February 17, 2005.

Attorney(s) appearing for the Case

Carol Annette McCurry of West Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, and Assistant Attorney General David A. Spencer, all of Columbia; and Solicitor Warren Blair Giese, of Columbia, for Respondent.

HUFF, J.:

In this criminal case, John Gleason Hubner appeals following his conviction for six counts of lewd act upon a child. Hubner asserts the trial judge erred in (1) admitting evidence of a prior bad act under the common scheme or plan exception to the rule which generally disallows prior bad act evidence, (2) admitting the conviction itself resulting from that prior bad act, and (3) denying Hubner's motion for continuance. We reverse and remand

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