State v. Jones

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.

Lindy Jones, Appellant.

Appeal From Orangeburg County

 James C. Williams, Jr., Circuit Court
Judge

Unpublished Opinion No. 2011-UP-396

Submitted August 1, 2011 – Filed August 19,
2011   

AFFIRMED

Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for
Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John
McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant
Attorney General William M. Blitch, Jr., all of Columbia; and Solicitor David M.
Pascoe, Jr., of Summerville, for Respondent.

PER CURIAM:  Lindy Jones appeals his conviction for
assault with intent to commit criminal sexual conduct with a minor.  Jones
argues the trial court erroneously instructed the jury assault with intent to
commit criminal sexual conduct is a lesser included offense of criminal sexual
conduct with a minor in the second degree.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Rule 20(b), SCRCrimP ("[T]he parties shall be given the opportunity to
object to the giving [of] . . . an instruction . . . .  Any objection shall
state distinctly the matter objected to and the grounds for objection.  Failure
to object in accordance with this rule shall constitute a waiver of objection."); State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003)
(finding an issue is preserved for appellate review when it was raised to and
ruled upon by the trial court, and the argument presented was on the same
ground); and State v. Benton, 338 S.C. 151, 156-57, 526 S.E.2d 228, 231
(2000) (holding an issue regarding a jury charge is not preserved on appeal
when appellant argued one ground at trial and argues another ground on appeal). 

AFFIRMED.

SHORT, WILLIAMS, and GEATHERS, JJ., concur.

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