State v. Thigpen

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.

Donnie Roland Thigpen, Appellant.

Appellate Case No. 2012-212391

Appeal From Kershaw County
G. Thomas Cooper, Jr., Circuit Court Judge

Unpublished Opinion No. 2014-UP-386
Submitted September 1, 2014 – Filed November 5, 2014

AFFIRMED

Tommy Arthur Thomas, of Irmo, for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Christina J. Catoe, both of Columbia,
for Respondent.

PER CURIAM: Donnie Roland Thigpen appeals his convictions for felony
driving under the influence and leaving the scene of an accident, arguing the trial
court erred in (1) admitting a video recording and officer testimony about the
administration of a DataMaster breath test and (2) denying his motion to suppress
his statement. We affirm pursuant to Rule 220(b), SCACR, and the following
authorities:

(1) As to whether the trial court erred in admitting a video recording and officer
testimony describing the administration of the DataMaster test: 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]."); State v. Benton, 338 S.C. 151, 156-57, 526 S.E.2d 228, 231 (2000)
(stating an issue conceded at trial cannot be argued on appeal).

(2) As to whether the trial court erred in denying the motion to suppress his
statement: State v. Russell, 345 S.C. 128, 133, 546 S.E.2d 202, 205 (Ct. App. 2001)
("Issues not raised to and ruled upon in the trial court will not be considered on
appeal."); id. ("A party cannot argue one ground for an objection at trial and an
alternative ground on appeal.").

AFFIRMED.1

FEW, C.J., and THOMAS and LOCKEMY, JJ., concur.

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