State v. James Eddie Vickery, Jr.

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.

James Eddie Vickery,
Jr., Appellant.

Appeal From Pickens County

 Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No. 2010-UP-208

Submitted March 1, 2010 – Filed March 15,
2010   

AFFIRMED

Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
and Assistant Attorney General A. West Lee, all of Columbia; and Solicitor
Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM:  James
Eddie Vickery, Jr., appeals his convictions for trafficking methamphetamine and
possession of methamphetamine with intent to distribute within one-half mile of
a park.  Vickery was sentenced to ten years' imprisonment on both charges, to
run concurrently.  Vickery now argues the trial court erred in not instructing
the jury on the laws of entrapment and sentencing entrapment.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) (holding
issues not raised and ruled upon in the trial court will not be considered on
appeal); State v. Jamison, 221 S.C. 312, 322, 70 S.E.2d 342, 345-46
(1952) ("The failure to request instructions on any particular point is regarded waiver of the
right to such instruction and acquiescence in the omission.").

AFFIRMED.

HUFF, THOMAS,
and KONDUROS, JJ., concur. 

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