State v. Frierson

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Roshell Frierson,       
Appellant.

Appeal From Marion County

John M. Milling, Circuit Court Judge

Unpublished Opinion No. 2003-UP-124

Submitted January 13, 2003 - Filed February 18, 2003

AFFIRMED

Assistant Appellate Defender Robert M. Dudek, of Columbia,
for appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John
W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant
Attorney General William Edgar Salter, III, of Columbia; and Solicitor Edgar
Lewis Clements, III, of Florence; for respondent.

PER CURIAM: Roshell Frierson appeals his convictions for three
counts of murder, two counts and assault and battery with intent to kill, first
degree burglary, conspiracy, and possession of a weapon during the commission
of a violent crime, arguing the trial court erred in explaining to the jury
that the law requires references to a defendant in a jointly-tried co-defendant=s
statement be redacted when the co-defendant does not testify.

We affirm pursuant to Rule 220(b)(2), SCACR, and the following authorities:
State v. Carriker, 269 S.C. 553, 555, 238 S.E.2d 678, 678 (1977) ("The second
point [of error] is not before this Court because appellant's counsel made no
objection on this point at trial. While appellant's co-defendant did object,
the appellant may not utilize the objection of another defendant to gain
review.");
State v. Brannon, 347 S.C. 85, 89, 552 S.E.2d 773, 775 (Ct. App. 2001) (stating
that an "appellant may not bootstrap an issue for appeal by way of a
co-defendant's objection"); State v. Hoffman, 312 S.C. 386, 393, 440 S.E.2d 869, 873 (1994)
("The issue which is not properly preserved cannot be raised for the first time
on appeal.").

AFFIRMED.

GOOLSBY, HUFF, and SHULER, JJ., concur.