State v. Gary Hoard, 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.

Gary A. Hoard,
Jr., Appellant.

Appeal From Horry County

Edward B. Cottingham, Circuit Court Judge

Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No. 2010-UP-177

Submitted February 1, 2010 – Filed March
1, 2010   

AFFIRMED

Deputy Chief Appellate Defender Wanda H.
Carter, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief
Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General
Salley W. Elliott, Assistant Attorney General Christina J. Catoe, all of
Columbia; Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Gary
A. Hoard, Jr., appeals his convictions and sentences for second-degree burglary
and petty larceny.  He argues the trial court erred in failing to give the Telfaire[1] jury charge and in denying his motion for directed
verdict.  We affirm[2] pursuant to Rule 220(b), SCACR, and the following
authorities:  State v. Lee, 350 S.C. 125, 130, 564 S.E.2d 372,
375 (Ct. App. 2002) (holding an issue must be raised and ruled upon by the
trial court to be preserved for appellate review); State v. Weston, 367
S.C. 279, 292-93, 625 S.E.2d 641, 648 (2006) (holding if there is any direct
evidence or any substantial circumstantial evidence reasonably tending to prove
the guilt of the accused, the appellate court must find the case was properly
submitted to the jury).

AFFIRMED.

PIEPER, GEATHERS, JJ., and
CURETON, A.J., concur.

[1] U.S. v. Telfaire, 469 F.2d 552, 558-59 (D.C.
Cir. 1972).

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