State v. Ramey

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.

Michael Ramey, Appellant.

Appellate Case No. 2013-002459

Appeal From York County
Donald B. Hocker, Circuit Court Judge

Unpublished Opinion No. 2015-UP-267
Heard April 21, 2015 – Filed May 27, 2015

AFFIRMED

Appellate Defender Laura Ruth Baer, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General Deborah R.J. Shupe,
both of Columbia; and Solicitor Kevin Scott Brackett, of
York, for Respondent.

PER CURIAM: Michael Ramey appeals the twelve-year sentence resulting from
his guilty plea to assault with intent to commit criminal sexual conduct with a
minor in the second degree. Ramey argues the trial court erred in admitting
statements during sentencing that were made to a therapist thereby violating
section 19-11-95 of the South Carolina Code (2014). We affirm pursuant to Rule
220(b), SCACR, and the following authorities: State v. Dunbar, 356 S.C. 138,
142, 587 S.E.2d 691, 693-94 (2003) ("In order for an issue to be preserved for
appellate review, it must have been raised to and ruled upon by the trial judge.
Issues not raised and ruled upon in the trial court will not be considered on
appeal."); id. at 142, 587 S.E.2d at 694 ("A party need not use the exact name of a
legal doctrine in order to preserve it, but it must be clear that the argument has
been presented on that ground."); id. at 142-43, 587 S.E.2d at 694 (finding the
reversal of a defendant's conviction by the appellate court erroneous when the basis
for reversal was noncompliance with a statute that was never alluded to at trial
rendering the issue unpreserved); State v. Burgess, 408 S.C. 421, 435, 759 S.E.2d
407, 414 (2014) (finding any argument regarding a statute unpreserved when the
applicability of the statute was not raised to the trial court).

AFFIRMED.

THOMAS, KONDUROS, and GEATHERS, JJ., concur.