State v. Phillips

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.

Calvin Lee Phillips, III, Appellant.

Appellate Case No. 2018-001031

Appeal From Spartanburg County
J. Mark Hayes, II, Circuit Court Judge

Unpublished Opinion No. 2021-UP-078
Submitted February 1, 2021 – Filed March 10, 2021

AFFIRMED

William G. Yarborough, III and Lauren Carole Hobbis,
both of William G. Yarborough III, Attorney at Law,
LLC, of Greenville, for Appellant.

Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General William M. Blitch,
Jr., both of Columbia; and Solicitor Barry Joe Barnette,
of Spartanburg, all for Respondent.

PER CURIAM: Calvin Lee Phillips, III, appeals his convictions and concurrent
sentences of twenty years' imprisonment for kidnapping, twenty years for
attempted armed robbery, fifteen years for second-degree burglary, ten years for
first-degree assault and battery, and five years for possession of a weapon during
the commission of a violent crime. On appeal, Phillips argues the plea court
abused its discretion by accepting his guilty plea as being knowingly, intelligently,
and voluntarily entered despite his contention he was advised of neither the
elements the State must prove beyond a reasonable doubt at trial for each charge
nor the implications of his guilty plea on his prior sentence under the Youthful
Offender Act. This issue is not preserved for appellate review because it was not
raised to or ruled upon by the plea court. Further, neither Phillips nor his plea
counsel objected to the advisements given by the plea court or otherwise took issue
with the plea court's performance or conduct. Accordingly, 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."); State v. McKinney, 278 S.C. 107, 108, 292 S.E.2d 598, 599 (1981)
(holding that failure to assert before the plea court that a guilty plea was not
knowing and intelligent precludes consideration of the issue on appeal).

AFFIRMED.1

LOCKEMY, C.J., and HUFF and HEWITT, JJ., concur.

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