State v. Varvil

HUFF, Judge:

A jury convicted Thomas D. Varvil, Jr. on one count of unlawful use of a telephone in violation of S.C.Code Ann. § 16-17-430 (Supp.1998). The trial court sentenced him to ten years imprisonment, suspended upon service of nine months imprisonment and three years probation. Varvil appeals, arguing: (1) Section 16-17-430, as applied, violates his right to freedom of speech under the state and federal constitutions; (2) the trial court should have declared a mistrial on its own motion in response to improper closing argument by the State; (3) the trial court erred in admitting…