State v. Perkins

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

State of S.C.,       
Respondent,

v.

James C. Perkins,       
Appellant.

Appeal From Jasper County

Jackson V. Gregory, Circuit Court Judge

Unpublished Opinion No. 2003-UP-716

Submitted October 15, 2003 – Filed December 11, 2003

AFFIRMED

James C. Perkins, of Stockton, for Appellant.

Gail Lovell, of Ridgeland, for Respondent.

PER CURIAM:  Appellant, James C. Perkins,
was charged with speeding and driving with expired tags.  Perkins was found
guilty as charged in a jury trial in magistrate’s court, and he appealed to
the circuit court.  The circuit court affirmed.  We affirm pursuant to Rule
220(b)(2), SCACR and the following authorities:  State v. King, 349 S.C.
142, 157, 561 S.E.2d 640, 648 (Ct. App. 2002) (argument that is conclusory and
contains no citation support is deemed abandoned); State v. Tyndall,
336 S.C. 8, 16-17, 518 S.E.2d 278, 282 (Ct. App. 1999) (defendant’s reliance
on cases cited in brief on appeal was deemed abandoned where he included only
one sentence reference to cases in his brief and did not include in his argument
any discussion of cases or their applicability); Rule 208(b)(1)(D), SCACR (“The
brief shall be divided into as many parts as there are issues to be argued. 
At the head of each part, the particular issue to be addressed shall be set
forth in distinctive type, followed by discussion and citations of authority.”);
State v. Mitchell, 330 S.C. 189, 194, 498 S.E.2d 642, 645 (1998) (burden
is on appellant to provide a sufficient record for review); State v. Hicks,
330 S.C. 207, 216, 499 S.E.2d 209, 214 (1998) (an issue must be raised to and
ruled on by lower court to be preserved for appellate review); State v. Black,
319 S.C. 515, 518 n. 2, 462 S.E.2d 311, 313 n. 2 (Ct. App. 1995) (an exception
to the trial court’s ruling will be deemed abandoned where the appellant fails
to specifically argue it in his brief); Loftin v. State, 278 S.C. 376,
377, 296 S.E.2d 532, 533 (1982) (issue cannot be raised for the first time on
appeal).

AFFIRMED

HUFF, STILWELL, and BEATTY, JJ., concur.