State v. Briggs

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Raphael L.
Briggs, Appellant.

Appeal from Beaufort County

John M. Milling, Circuit Court Judge

Unpublished Opinion No.  2008-UP-515

Submitted September 2, 2008 – Filed
September 8, 2008

AFFIRMED

Joseph L. Savitz, III, Chief Appellate Defender, South Carolina
Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant
Attorney General S. Creighton Waters, Office of the Attorney General, of
Columbia; and Solicitor C. Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  Raphael L. Briggs appeals his
conviction for murder.  Briggs contends
the trial court erred in submitting the issue of his status as an invitee, as
it related to a self-defense charge, to the jury.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authority:  State v. Adams,
354 S.C. 361, 380, 580 S.E.2d 785, 795 (Ct. App. 2003) (holding arguments not
raised to or ruled upon by the trial court are not preserved for appellate
review, and a defendant may not argue one ground below and another on appeal).                                                                                                                           

AFFIRMED.

HEARN, C.J., HUFF and GEATHERS, JJ., concur.

[1] Because oral argument would not aid the court in
resolving the issues on appeal, we decide this case without oral argument
pursuant to Rule 215, SCACR.