State v. Criswell

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.

Derrick
Criswell, Appellant.

Appeal From Charleston County

R. Markley Dennis, Jr., Circuit Court Judge

Unpublished Opinion No. 2011-UP-533

Submitted November 1, 2011 – Filed December 2, 2011

AFFIRMED

Appellate
Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General
Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy
Attorney General Salley W. Elliott, and Assistant Attorney General Mark R.
Farthing, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston,
for Respondent.

PER CURIAM:  Derrick Criswell
appeals his conviction for distribution of cocaine base, second offense.  Criswell
argues the trial court improperly enhanced his conviction to a second offense
using a previous conviction for possession of crack cocaine from 1996.  We
affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Passaro, 350 S.C. 499,
505, 567 S.E.2d 862, 866 (2002) ("[A] guilty plea generally constitutes a
waiver of non-jurisdictional defects and claims of violations of constitutional
rights."); State v. Lopez, 352 S.C. 373, 378, 574 S.E.2d 210, 213
(Ct. App. 2002) (holding an issue must be raised to and ruled upon by the trial
court in order to be considered on appeal). 

AFFIRMED.

SHORT,
WILLIAMS, and GEATHERS, JJ., concur.

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