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. Breyon Toney, Appellant.

Appellate Case No. 2011-193669

Appeal From Darlington County J. Michael Baxley, Circuit Court Judge

Unpublished Opinion No. 2014-UP-005 Submitted November 1, 2013 – Filed January 8, 2014

AFFIRMED

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Brendan Jackson McDonald, both of Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Baccus, 367 S.C. 41, 48, 625 S.E.2d 216, 220 (2006) ("In criminal cases, the appellate court sits to review errors of law only."); State v. Holder, 382 S.C. 278, 288, 676 S.E.2d 690, 696 (2009) ("The admission or exclusion of testimonial evidence falls within the sound discretion of the trial court, whose decision will not be disturbed on appeal absent abuse resulting in prejudice."); State v. Edwards, 383 S.C. 66, 72, 678 S.E.2d 405, 408 (2009) ("[W]itness intimidation evidence, if linked to the defendant, may be admitted to show a consciousness of guilt."); id. ("Establishing the defendant as the source of the intimidation provides the necessary reliability for admissibility.").

AFFIRMED.1 SHORT, WILLIAMS, and THOMAS, JJ., concur.

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