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STATE v. THOMPSON3/11/1991
Heard Jan. 17, 1991; Decided March 11, 1991.
Rehearing Denied April 11, 1991.
Appellant Larry Thompson was convicted by a jury of distribution of cocaine and sentenced to eighteen years imprisonment. We affirm.
On October 21, 1988, Barry Brown, Jr., an undercover narcotics agent, bought cocaine from a man identified as "Hippy." Agent Brown immediately met with the "street team" and gave them a detailed description of Hippy. The street team located an individual who met the description. On November 3, 1988, an arrest warrant was issued on the affidavit of Officer Stone, Brown's supervisor. The name, Larry Thompson, and the description were added after the arrest was made on November 5, 1988. On November 16, Brown was shown ten photographs and he picked Thompson as one of the people from whom he bought drugs.
The issues we are asked to consider are whether the court erred in admitting hearsay testimony on the identification of Thompson, in admitting identification evidence obtained as a result of an illegal arrest warrant and in failing to take corrective action when it ruled a Batson violation had been committed.
The State called Barry Brown, Jr., and he testified about his purchase of cocaine from Thompson and the subsequent meeting with the street team. On October 21, 1988, Brown went to an area known for dealing drugs and blended with the crowd. It was 11:00 p.m., but Brown was able to see and describe Thompson because a fire provided some light to the area. He described Thompson as a twenty-seven or twenty-eight year old black man, five feet seven inches tall, wearing a dark jacket, dark jeans, tennis shoes, a scarf, gray skull cap and who had a cane and walked with a limp. Within five minutes, he forwarded this to the street team. Following the gathering of information by the street team, "Hippy" was identified as Larry Thompson. On November 3, 1988, an arrest warrant was issued bearing the name "Hippy." This is the name given to Brown at the time of the purchase of cocaine and Brown was informed he could make further purchases
I
On appeal, Thompson contends the trial judge erred in allowing hearsay identification testimony. The record reveals, however, the trial judge sustained defense counsel's objections to the testimony of which appellant complains. No motion to strike, no request for instruction that the jury disregard the testimony, nor a motion for a new trial based on the admission of the testimony was made at trial. Appellant has failed to preserve this issue. He obtained the only relief he sought and this court, therefore, has no issue to decide. State v. Sinclair, 275 S.C. 608, 274 S.E.2d 411 (1981).
II
Appellant further contends the trial judge erred in allowing the State to present evidence of pretrial identification arguing it was obtained as a result of an illegal arrest warrant in that the warrant failed to sufficiently identify the person to be arrested. Generally, a valid arrest warrant must contain the name of the person to be arrested. 5 Am. Jur.2d Arrest § 9 (1962). In the instant case, however, no warrant was needed for the arrest. Brown provided specific information to establish probable cause which was entirely adequate to allow the street team to arrest Thompson. Besides, a police officer has the authority to arrest a person without a warrant for a felony based on probable cause. State v. Retford, 276 S.C. 657, 281 S.E.2d 471 (1981).
III
During the selection of the jury, the State used three (3) of its peremptory challenges to remove a white female, a white male and a black female. During the selection of an alternate, the State used a perempto
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