State v. Priest

CourtListener 10153551ScctappJun 10, 2010

Full text

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.

Brandon D.
Priest, Appellant.

Appeal From Horry County

Kristi Lea Harrington, Circuit Court Judge

Unpublished Opinion No.  2010-UP-307

Submitted June 1, 2010 – Filed June 10,
2010

AFFIRMED

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

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

PER CURIAM:  Brandon D. Priest appeals his sentence of
eight years' imprisonment, suspended upon the service of four years'
imprisonment, plus two years' probation for possession with intent to
distribute cocaine.  Priest argues the plea court erred in refusing to accept
his negotiated plea and refusing to give Priest an opportunity to withdraw his
guilty plea before sentencing him in excess of the negotiated sentence.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  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 [court].  Issues not raised and
ruled upon in the trial court will not be considered on appeal.").            

AFFIRMED.

HUFF,
SHORT, and WILLIAMS, JJ., concur.

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

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