In Re Robert M.

Harwell, Justice:

Appellant was adjudicated delinquent, tried and convicted on charges of first degree criminal sexual conduct with a minor. The trial judge committed appellant to the custody of the South Carolina Department of Youth Services for an indeterminant term not to exceed his twenty-first birthday.

At the time of the alleged sexual misconduct, appellant was twelve years old and the alleged victim was four years old. Appellant contends that the trial judge erred in failing to make a preliminary determination of witness competency before considering the testimony of the four-year-old…