State v. Robert L. Bailey

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.

Robert L. Bailey, Appellant.

Appellate Case No. 2022-000239

Appeal From Orangeburg County
Edgar W. Dickson, Circuit Court Judge

Unpublished Opinion No. 2025-UP-142
Submitted March 1, 2025 – Filed April 30, 2025

AFFIRMED

Senior Appellate Defender Kathrine Haggard Hudgins, of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson, Deputy
Attorney General Donald J. Zelenka, and Senior
Assistant Deputy Attorney General Melody Jane Brown,
all of Columbia; and Solicitor David Michael Pascoe, Jr.,
of Orangeburg, all for Respondent.

PER CURIAM: Robert L. Bailey appeals his convictions of attempted murder,
first-degree burglary, and four counts of murder, and his concurrent sentences of
thirty years' imprisonment for attempted murder, life imprisonment for first-degree
burglary, and life imprisonment for each murder conviction. On appeal, Bailey
argues the trial court erred in denying his motion to sever his trial from the trial of
his two co-defendants—Antly Scott and Luther Smith. We affirm pursuant to Rule
220(b), SCACR.

We hold Bailey's argument is not preserved for appellate review because the trial
court never made a final on-the-record ruling on Bailey's motion to sever. See
State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693 (2003) ("In order for an
issue to be preserved for appellate review, it must have been raised to and ruled
upon by the trial [court].").

AFFIRMED. 1

KONDUROS, MCDONALD, and VINSON, JJ., concur.

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